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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]
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 ...
Britain had taken possession of lands in western Canada in the form of Rupert's Land, which was then transferred to Canada after Confederation. Canada established the province of Manitoba and the Northwest Territories. Additionally, some land was set aside for the national railway and some land remained under the control of the Hudson's Bay ...
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
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.
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.
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.