How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tom B. Your Own Question
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
Type Your Canada Law Question Here...
Tom B. is online now
A new question is answered every 9 seconds

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.
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
I forgot to mention that I am looking for an answer for the law in British Columbia.
Expert:  Debra replied 2 years 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: It seems it is also called a leasehold: Does that help?
Customer: replied 2 years 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 2 years 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:  Debra replied 2 years 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 2 years 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 2 years 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