Tel: 709.437.6593 | Fax: 709.437.7688 | info@martinsurveys.com
P.O. Box 1068 | Torbay, NL | A1K 1K7


CROWN LAND

Crown Land can be defined as...

Federally:
Provincially:
"Land owned by Her Majesty in right of Canada"
"Land owned by Her Majesty in right of Newfoundland and Labrador"

Attempts at colonization in Newfoundland began in 1610. However the first real legislation governing Crown land in the province was not passed by the British Parliament until 1824. This was followed by the first Crown Lands Act which was passed by the Newfoundland Legislature in 1844.

The 3 most common forms of tenure (right to hold property) given by the Crown are:
       1. Grant - (land survey is required as per the Crown's specifications)
       2. Lease - (land survey is required as per the Crown's specifications)
       3. Licence to Occupy (LTO) - (No land survey is required)


A GRANT
A "Grant" is a form of tenure where the ownership of Crown land is transferred from the Crown to the grantee (individual applying for the grant), subsequent to development of the lot and payment of the full cost of the land.

Grants fall under several categories; the most common being:

Section 4 Residential, Recreational, Commercial, Industrial
Section 9 Free grants issued for sites such as a Church, School, Municipal Structure, etc.
Section 36 More commonly known as "Squatter's Rights" or "Adverse Possession". Where such possession is open, notorious, continuous and exclusive; and has occurred on Crown land for 20 consecutive years or more prior to January 1, 1977 and has remained continuous since that date to the present time; the Crown's ownership is subject to statutory rights which have been acquired by the adverse possessor.

A LEASE
A Lease is a form of tenure where ownership of Crown land remains with the Crown. The Crown stipulates the conditions and fees which the leasee (individual applying for the lease) must adhere to while the lease remains in force. Leases come under Section 3 and include but are not limited to, residential lease, recreational lease, commercial lease, aquaculture lease, agriculture lease.

A LICENCE TO OCCUPY (LTO)
A Licence To Occupy (LTO) is a form of tenure where permission to use Crown land for a specified purpose and under certain conditions is given to a licencee (the individual applying for the licence) but where ownership of the land remains with the Crown. A licence is similar to a lease. However with a licence, the Crown does not require that the land being occupied under licence be surveyed and physically marked out on the ground. A licence comes under Section 6 and includes some of the following: remote cottage, agriculture, aquaculture, home garden

Other forms of tenure include:
       Section 5: Easement
       Section 7: Reservation


Need to speak to a Crown Land Agent?
Head Office (St. John's) (709) 729 - 3085 |     Eastern (St.John's) (709) 729 - 2654 |     Eastern (Clarenville) (709) 466 - 4072
Central (Grand Falls / Winsor) (709) 292 - 4199 |     Central (Gander) (709) 256 - 1400 |     Western (Corner Brook) (709) 637 - 2392
Labrador (Happy Valley / Goose Bay) (709) 896 - 2488 |