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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2414
Experience:  25 years in practice
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I am a retired lawyer who once discovered a provision

Customer Question

Hi: I am a retired lawyer who once discovered a provision that buildings can be owned independent of the land that they are located on. I just called the LTO help line and the women I spoke to recalls this provision as well but cannot remember from where either.
I have searched and searched the LAND TITLE ACT and the PROPERTY LAW ACT but cannot locate this provision anywhere. Does anyone out there know where it can be located? Please note that it has nothing to do with the STRATA PROPERTY ACT.
Linda-XXX XXXX
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
I forgot to mention that I am looking for an answer for the law in British Columbia.
Expert:  Legal Ease replied 1 year ago.
I am not in BC but I believe you are thinking about what is often called a land lease. It is where the tenant leases land and then owns the building that the tenant erects on the land. I believe this can be done both with Crown land and privately held land as well. This article may be helpful though it does refer to Stratas: http://www.rbs.ca/newsroom-publications-Financing-Ground-Leases.html It seems it is also called a leasehold: http://www.rew.ca/news/leasehold-own-a-home-but-not-the-land-it-s-on-1.1342076 Does that help?
Customer: replied 1 year ago.
Thank you for trying to help but I am totally familiar with both land and ground leases as well as strata lots and that is not what I am looking for. For example, I am a subtenant under a ground lease where the Crown granted the development arm of UBC a ground lease so that it in turn could create and develop 61 strata lots that could be purchased by employees of UBC. So I am both a subtenant under the ground lease and an owner under the Strata Property Act once the strata plan was registered etc. of a 1534 sq. foot townhouse. The issue that I was questioning is how to create a building that is owned by an individual or corporation (not a landlord) that is separate and distinct from the land. I know that sounds crazy but I read about it and the person that I spoke to the LTO read about it but we cannot remember where.
Customer: replied 1 year ago.
I forgot to mention that I practised real property, development,strata law and constructions law for in excess of 35 years both in the public and private sectors. For the last 11 years, I worked on developments on and off reserve for Aboriginal Affairs.
Expert:  Legal Ease replied 1 year ago.
Then you know much more than I do. I will opt out and perhaps another lawyer will have something to add.
Expert:  Tom B. replied 1 year ago.
I think you are well above our pay grade.But, why not a modular home sitting on the land but not a part? It is like parking a car is it not?Tom
Customer: replied 1 year ago.
I found the answer myself and it turns out that owning a building but not the land that it is sited on is restricted to the INDIAN ACT. As you know, reserve land is owned by the Federal Government. If a member of Indian Band X wants to build and own a building (e.g. house) on reserve land allocated to Band X, they can do so with the permission of the Band Council. If you are interested in looking it up, google Indian Lands Registry Manual - December 2014 and then go to the table under Section 6.2. Strangely enough, a number of the Big 6 Banks will finance the construction of the house and register a mortgage against it alone if the Band guarantees the mortgage payments. Figure that one out. Linda

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