Benson Buffett eCaseNote 2024 No. 04

A Big Step Forward: Newfoundland Finally Welcomes Much Needed Changes to Lands Act

A second reading to amend the Lands Act concluded in the House of Assembly on November 20^th, 2024. Although the amendments are still awaiting a third reading and royal assent, the reform is on route to make historic changes to nearly every aspect of land title and administration in the province. It aims to remove barriers for people when applying for, or securing property title to, Crown lands and includes better support for title seekers trying to acquire legal ownership of Crown lands based on adverse possession – commonly referred to as ‘squatters rights.’

Some applicant-friendly amendments include:

• Changing the required land possessory period from 20 continuous years immediately prior to January 1, 1977, to a period of 10 continuous years immediately prior to January 1, 1977.  The amendment provides shortened, easier requirements for establishing adverse possession.
• Creating Certificates of Dispossession whereby large areas of land and property are acknowledged up front to have been dispossessed from the government, (i.e. not considered to be Crown Lands).
• Creating an independent tribunal to hear appeals of adverse possession decisions, rather than spending thousands on a title quieting application, as before.
• Offering greater flexibility for applicants to meet timelines and to develop land in shoreline reservations.

Other changes that will help streamline and clarify the process of securing property title include:

• Easier access to Crown lands through an online applications and payment portal.
• Establishing greater housing security through the Primary Residence Property Title Program. Based on an amendment requested by the Official Opposition, payment related to market value of land that were originally proposed will no longer be required. An application fee and quitclaim fee will still apply, as well as a document preparation fee and provision of an acceptable land survey upon approval.
• Establishing a clearer and more applicant-friendly assessment and evaluation manual and directives related to Crown land assessments.

While the changes are widely welcomed, some leaders in the Newfoundland legal community have pointed to a few unresolved issues that may be a cause for concern, such as a lack of transparency regarding specific deadlines, unclear standards for acquiring a quitclaim, and inadequate ministerial discretion standards in delegating legal issues. Nonetheless, most Newfoundland legal professionals are optimistic that the Act will continue its upward trajectory of improvement.

Overall, citizens of Newfoundland can expect the changes to allow the acquisition of Crown land to be more affordable and easily accessible. While the changes won’t solve everyone’s land disputes and there still exist changes that need to be made, the hope is that the most recent amendments will be a momentous step forward in land law for Newfoundland and Labrador.

The comments contained in this eCaseNote provide general information only and should not be construed as legal advice or opinion. For more information or specific advice on matters of interest, please call our offices at (709) 579-2081.