Canada: Conveyancing

When the topic of property rights gets brought up, most people think of ownership and the ability to possess, use, and enjoy land. But the law also recognizes a category of non-possessory interests, where one party has limited rights to use another’s land without owning it. The most common non-possessory rights are called easements.

On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the "Act") came into force. Under section 4(1) of the Act, non-Canadians...

Two recent decisions of Canadian courts have reiterated the critical requirement of clear language in contracts creating royalties where parties intend such royalties to be "interest in land,"...