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Canadian property law, or property law in Canada, is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property , real property , and intellectual property .
Real property is immobile. Owners cannot move their land to a better location, such as another city, for sale. Thus the fixed location of a parcel of land directly affects, and is a major determinant of, its value. [5] However, products of the land, such as minerals and crops, can be transported.
A land parcel or cadastral parcel is defined as "a continuous area, or more appropriately volume, that is identified by a unique set of homogeneous property rights". [ 3 ] Cadastral surveys document the boundaries of land ownership, by the production of documents, diagrams, sketches, plans ( plats in the US), charts, and maps.
A legal land description in Manitoba, Saskatchewan, and Alberta would be defined by the Dominion Land Survey. For example, the village of Yarbo, Saskatchewan is located at the legal land description of SE-12-20-33-W1, which would be the South East quarter of Section 12, Township 20, Range 33, West of the first meridian.
The contour surface area of the land is changeable and may be too complicated for determining a lot's area. Lots can come in various sizes and shapes. To be considered a single lot, the land described as the "lot" must be contiguous. Two separate parcels are considered two lots, not one. Often a lot is sized for a single house or other building ...
A property legally described by a metes and bounds description may still be assigned a Tax Identification Number based on a separate Lot and Block system. In this case, a survey of all parcels in the county or municipality would be combined to create a separate Block and Lot system to identify the properties for taxation purposes.
Attached to this definition was the following footnote: for the purpose of sale or of building development: Every division of a piece of land into two or more lots, parcels or parts is, of course, a subdivision. The intention is to cover all subdivision of land where the immediate or ultimate purpose is that of selling the lots or building on them.
That was the pattern of land ownership in the earliest British settlements in what is now eastern Canada. When the Crown granted land to settlers, the land grant normally included all minerals, other than precious minerals. [6] The result is that in Ontario, Quebec, and the four Atlantic provinces, much of the mineral rights are privately owned ...