LAND TITLE & TRANSFERS
LAND OWNERSHIP
There are only two types of ownership, or titles that Aboriginal Affairs and Northern Development Canada (AANDC) recognize. They are ‘Allotment’ and ‘Certificate of Possession’ (CP). They are only valid after the Minister approves them. You have to have an Allotment approved by Band Council Resolution (BCR) in order to apply for a CP. A member can get an Allotment only if they have a valid and approved claim to that parcel of land.
Under a Land Code that is voted on and approved by the membership, the Band, if it wishes, may expand the formal types of ownership for members to include ‘Allocation’ and ‘Traditionally-Held Lands’.
An Allocation is where the Band gives or sells a parcel of property to a member likely for a home lot in which that member has no prior right of claim to a parcel of land. This method gives every member an opportunity to own a parcel of reserve land. Rocky Pines is an example of this type of ownership.
CUSTOM FAMILY LAND
Custom Family Land or Traditionally-Held land means a parcel of land in which a family can prove the land has been actively used by their family over generations and further, the community and Council recognizes and approves their claim. Each family may have different methods of managing how that land is kept within the family and passed down to younger generations.
Land Code gives membership greater flexibility in the types of ownership it chooses.
LAND TRANSFERS
Many decades ago, land was transferred perhaps by a handshake maybe with a witness on hand. Today, in order for a transfer to be valid, it must be prepared by the Lands Department together with a bill of sale noting the exact legal description, date of sale, and who the purchaser and seller are. Most importantly, the seller must show valid proof of ownership of the land.
There are two types of transfers: ‘Transfer of Land by a Personal Representative’ and’ Transfer of Land in an Indian Reserve’. The first is a transfer of land in an estate to an heir as noted in a will of the deceased. The second is a transfer of land under the Indian Act from a member who has a Certificate of Possession (CP) or an approved Allotment.
Under a Land Code both of process will take place a lot faster than the many months processing the same documents through AANDC. In addition, under Land Code, the Band will have its own Land Registry Department where members will be able to do property searches online with web-based mapping. All documents, transfers, leases, permits, easements will be time-stamped and registered on the LNIB Registry. This information is then uploaded to the First Nation Land Registry.
For land title and transfer questions email the Lands Department or call the Lands office at 250-378-5157.