Primary Residence Land Title Program

About the program

Newfoundlanders and Labradorians without clear title to their primary residence may be eligible for a quitclaim deed under the Primary Residence Land Title Program.

Application and administrative fees will apply, but there are no other costs. The program will provide a more efficient and affordable option for people who can prove possession and occupation of their primary residential property but do not meet the requirements of adverse possession (commonly known as squatters rights). A quitclaim deed transfers any interest the Crown may have, if any, to another party, but does not guarantee that no other interest in the lands exists and will support good title.

Applications for this program will not be accepted after December 10, 2029.

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Eligibility

  • The property must have been possessed and occupied as a primary residence as of October 15, 2024, and continues to be a primary residence that is possessed and occupied by the applicant at the time of application.
  • The primary residence must be within a municipality or local service district and maintained all year, where one lives for most of the year, and is considered their permanent address. “Primary residence” does not include seasonal residences/cottages, houseboats, boat houses, trailers or other habitable structures that are not intended for year-round residential use.
  • The maximum lot size to be considered will be 1,860 square metres, except in cases where the applicant can demonstrate a valid claim to a larger area to the satisfaction of the Department.
  • You must supply all supporting documentation to prove eligibility and shall provide an affidavit confirming possession and occupation of the primary residence and stating that they are not aware of any other interests in the primary residence.

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How to apply for a quitclaim under the Primary Residence Land Title Program

Completing the application

  1. Carefully read the information contained on this page, including the eligibility requirements and supporting documents sections.
  2. You will be required to provide the location of the land and the approximate dimensions of the land and information about adjacent parcels. If you have a survey, please include that.
  3. You may want to use the Department of Fisheries, Forestry and Agriculture Land Use Atlas as a resource tool to support their application.
  4. A non-refundable application fee will be required to complete the application.

Supporting documents

In addition to the required map, you must   also provide:

  • The completed affidavit.
  • Proof of address as of October 15, 2024* such as:
    • Driver’s licence
    • Photo identification card
    • Property tax bill
    • Payment of local service district fees for cost of service or supply
    • Utility bills immediately before and after October 15, 2024

*Whichever form of proof of address is provided it must contain your full name and address,  and demonstrate the use of the property as a primary residence on October 15, 2024.

  • Any additional supporting documents that may help support your application. This can include evidence related to:
    • Historical mapping
    • Evidence of clearing land for a residence
    • Building and maintenance of structures on the land
    • Establishing and maintaining fences or land boundaries
    • Reporting acts of trespass
    • Payment of municipal taxes
    • Photographs
    • Wills and estates
    • Land surveys
    • Affidavits of possession
    • News articles or other public documentation concerning the land

Failure to provide an adequate level of supportive documentation may delay processing of your application. The presence of a single or a few of the above noted pieces of evidence may or may not on their own be sufficient to serve as proof of a claim of possession. All applications will be reviewed considering legislation and policy.

Declaration of applicant

  1. Before you submit your application, you will have to confirm that all information is accurate.  It is critical that you provide full and complete information in your application.
  2. Providing false or misleading information, risks having the application cancelled and the applicant may face prosecution for submitting a fraudulent declaration.

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Application process

Applications can be submitted using the Crown Lands Application Portal. If you require support to complete the application, please contact the Crown Lands Inquiries line at 1-833-891-3249 or by emailing crownlandsinfo@gov.nl.ca.

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Fees

Application processing fee: $150.00 + HST = $172. 50

Document preparation fee: $300.00

Quitclaim fee: $500.00

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Definitions

Adverse Possession:  Previously referred to as squatter’s rights, a circumstance where a person may not have legal title to a piece of property but may acquire legal ownership based on continuous possession or occupation without the permission. Adverse possession against the Crown was abolished in 1976 except in very specific circumstances.

Local Service District: A Local Service District as established by the Municipalities Act.

Municipality: A municipality or city as defined by the Municipalities Act.

Possession and occupation: Refers to the applicant who owns the Primary Residence subject of the application, the Primary Residence was occupied as of October 15, 2024, and the applicant is living there as of the date of the Crown lands application.

Primary Residence: A residential dwelling that is maintained all year and where an applicant(s) lives for most of the year and that is considered their permanent address.  Primary Residence does not include seasonal residences/cottages, cabins, houseboats, boat houses, trailers or other habitable structures that are not intended for year-round residential use.

Quitclaim: A deed that conveys the Crown’s complete interest or claim in certain real property but that neither warrants nor professes that the title is valid. A quitclaim transfers any interest the Crown may have, if any, to another party, but does not guarantee that no other interest in the lands exists.

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Please Note: This information is purely intended for the general guidance of applicants. It is not a legal interpretation, nor does it bind the Crown.  Questions regarding “good” or “marketable” title and how a quitclaim may affect title cannot be considered by the Crown. Applicants with such questions are strongly encouraged to speak to a lawyer who can provide additional information and guidance.

If you have any further questions concerning Crown lands or related matters, please contact the Crown Lands Inquiries Line at 1-833-891-3249 or CrownLandsInfo@gov.nl.ca.

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