Private Property

The lines have been skewed in Ontario as to the rights of the private property owner.  Over the past 5 decades, property rights have been stolen by governmental and non governmental agencies like the MNR, conservation authority and the Niagara escarpment commission.  I've written before that the conservation authorities have a mandate to assist private property owners with erosion issues, flooding and drought.  And the NEC has a mandate to protect the Niagara Escarpment area, mostly from aggregate companies.  But these 2 agencies, in particular, have strategically and insidiously expanded their functions to becoming the overseers of private land use, particularly in the rural areas.  They have taken control of the permit approval process and in doing so have given themselves entry access to private property over which they have no lawful jurisdiction.  They have randomly slapped designations on private land and on often these designations are being upheld in the lower courts.  They are being supported in this function by the municipalities who seem to think these non governmental agencies have the right to zone private property, to encumber private property and to expropriate value from private property.  They do not have these rights!

In order to have jurisdiction on your property, these agencies must either acquire the property or enter into an agreement with you, the property owner.  

The province of Ontario is over 87% Crown Land.  Crown Land is not under the jurisdiction of the CA's or the NEC and it is not subject to the Greenbelt regulation.  

When the Crown granted land in this province they also transferred the rights that the Crown had over the land at that time.  And in most cases, those rights were given to the grantee, his heirs and assigns forever, with some specific and certain aspects reserved for the Crown.  

If you go to your local land registry office and search your title, you will find right up at the top of page 1, subject to the reservations in the Crown Grant.  It makes no mention of the rights, but the document, this Crown Grant has to be considered in it's entirety  And it is first and foremost about the rights, "for your sole and only use",  that have been transferred by the Crown into private ownership by way of patent grant.  And if someone else;  conservation, Nec, the Heritage people, the archeological people, the endangered species people, the greenbelt or anyone else wants to control your land, they'll have to buy it!

Private property is just that.  It's time to stand up for your rights, obtain a certified true copy of your original grant, learn what your rights are and make sure that your rights are protected.  Join a local landowners group, search the title on your property right back to the root of title, the Crown Grant and let your local politicians know you've had enough.  

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Joan Olech

Joan Olech

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CENTURY 21 Dreams Inc., Brokerage*
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