Acts of Possession: These are actions which may be sufficient to establish a land claim, such as: constructing buildings, living on or occupying the land, fencing, clearing, cultivating, and the grazing of animals. The claimant must demonstrate that there is some actual use and occupation of the fenced portion, such as the pasturing of cattle.
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. See Section 36 Grant.
Assignment – to transfer/assign a lease/licence from one individual to another.
Community Infilling Limits: These limits represent the extent(s) to which Crown lands may be available for development, specifically within a defined area that is beyond the developed part of a community. For certain kinds of developments, Crown lands will not be allocated beyond designated Community Infilling Limits.
Easement: An easement is the right of one landowner over the land of another owner for a special purpose, other than general use and occupation, for an unlimited period of time. It does not mean one party has exclusive use of the land; multiple easements could be given for the same land as long as each use does not interfere with another. An example of a Crown Lands Easement would be the provision of an easement to a utility company to erect power lines. In these situations, the Crown retains ownership of the land and the easement period is typically for a longer term (e.g. 50 years). Applicants approved for an easement pay an annual fee to the Crown.
First Come-First Served: Processing of complete applications according to the order in which they are received.
Free Grant: Crown lands can be acquired for free in certain circumstances, under Section 9 of the Lands Act. One for a school and one for an undertaking by a municipality which is in the public’s interest other than economic development.
Grant: This is when rights and interest in lands have been transferred from the Crown to the person receiving the grant. Except in certain circumstances, grants are subject to payment of a consideration and terms. An example would be the granting of land to an applicant for a residence or a commercial subdivision development.
High Demand Areas: Crown lands cottage development areas in which demand for cottage lots exceeds the number of available lots.
Land Freeze: This refers to a state in which Crown lands cannot be sold or transferred, and applications for Crown lands are not accepted.
Lease: A form of tenure where ownership of the demised premises remains with the Crown but in return for a rental fee authorization is provided for the Lessee to use the lands for a specified period and for a specific purpose. An example of this would be a Crown lands agricultural lease.
Licence to Occupy (LTO): Under this form of agreement, ownership of the land remains with the Crown, however a licencee is granted permission to use the land for a specified purpose and under certain conditions. An example of his is for the construction of a road or for a cabin in some circumstances.
Open, Notorious, Exclusive and Continuous Possession (ONCE): This describes the conditions of adverse possession of the land, wherein the possession is visible/obvious (“open and notorious”), that no other interests exist (exclusive), and is possessed without interruption or dispute (“continuous”).
Public Draw Process: This is a method of selecting applications randomly in order to ensure fairness in lot allocation. This is particularly useful for areas that are in high demand or where more than one application is submitted simultaneously for a particular lot.
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 exist.
Section 36 Grant: This section of the Lands Act may identify an individual as eligible for a Crown grant where certain conditions that demonstrate adverse possession are met. For instance, if a person or their predecessors can demonstrate open, notorious, exclusive and continuous use of a property under certain conditions for the 10 year period immediately prior to January 1, 1977, they may be eligible for a Crown grant or quitclaim under Section 36 of the Lands Act.
Shoreline Reservation: A legislated 15-metre area around all fresh and marine waterbodies and water courses must remain publicly accessible. Only certain types of applications and uses can be permitted within a shoreline reservation.
Squatter’s Rights: See Adverse Possession.
Subdivision: This is the division of a single parcel of land into multiple parcels or a larger application area for the purpose of creating a residential subdivision, or industrial subdivision, etc.
Successive Occupants: These land possessors have passed property to a successor, and then to another successor – it must be in order and without any break in succession from the original owner of the property. If a vacancy of the property occurs between any of the successive occupants, the property title reverts back to the original owner.
Transfer of Administration and Control: Crown lands may be transferred to the Federal Government or another Provincial Government department meaning that the lands are no longer Crown. An example of such a Transfer would be Crown Lands acquired by the Federal Government for a government wharf.
Water Lot: This refers to land that is partially or completely covered by water.
Waterfront Lot: This is a parcel of land that has open access along part of its boundary to a water body separated only by the public shoreline reservation.