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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. The laws vary between local municipal levels, up to provincial and then a countrywide federal level of government.
The Preemption Act of 1841 allowed settlers to claim up to 160 acres of federal land for themselves and prevent its sale to others including large landowners or corporations; they paid only a low fixed price of $1.25 per acre ($3.09 per hectare). [13]
Specific claims are longstanding land claims disputes pertaining to Canada's legal obligations to indigenous communities. They are related to the administration of lands and other First Nations assets by the Government of Canada, or breaches of treaty obligations or of any other agreements between First Nations and the Crown by the government of Canada.
In Canada, aboriginal title is considered a sui generis interest in land. Aboriginal title has been described this way in order to distinguish it from other proprietary interests, but also due to the fact its characteristics cannot be explained by reference either to only the common law rules of real property, or to only the rules of property found in Indigenous legal systems.
The English Crown also gave tenure to much of Canada to a private company, the Hudson's Bay Company (HBC) which from 1670 to 1870 had a legal and economic monopoly on all land in the Rupert's Land territory (identical to the drainage basin of Hudson Bay), and later the Columbia District and the North-Western Territory (now British Columbia, the ...
The Kanesatake land claim is one of the most politicized land claims in Canada, in parts because of its significance during the Oka Crisis. The claim originates from the original establishment of the Sulpician mission on the shore of Lac des Deux-Montagnes, where land was set aside for the Mohawks to settle in 1717.
Notwithstanding such legal rulings (sustained later in the 2015 Supreme Court of Canada decision, Tsilhqotʼin Nation v British Columbia), the BC Treaty Process continues, as more than half of all First Nations in BC continue through the stages of the process. As of 2016, 4 Nations had completed and were implementing treaties; 7 were in Stage 5 ...
The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil ...