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  1. #1
    Join Date
    Jan 2009
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    Anyone knowledgeable about water and mineral rights in Canada?

    Looking into purchasing some land in Canada, title says it all. The deed to the land does not list mineral rights, stream on the property but don't know about the water right legalities. Anyone out here know about this stuff? Answer here or PM me.
    I rip the groomed on tele gear

  2. #2
    Join Date
    Dec 2005
    Posts
    2,767
    no water rights in Canada its all owned by the crown to the high water mark or something like that (as in you cant stop people from using "your" stream or lake)
    there are some man made private lakes
    mineral rights are sometimes grandfathered in but in modern times also not included
    I am not a lawyer or a dentist FWIW
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  3. #3
    Join Date
    Sep 2010
    Location
    Shuswap Highlands
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    In most cases, mineral and water rights are not included in private land in Canada. You can place a mineral claim over private land through the free miner's process online, or check if there is a claim over the parcel of interest. The same applies for water, although typically there are more water licenses associated with private land usage than mineral tenures. The crown retains ownership of all the subsurface and water resources - at best you apply for a tenure that places conditions and specifies rates/royalties on the tenure or resource extracted. Even timber harvested on private land must have a timber mark issued by the provincial govt applied if that timber is sold/moved from a private property.
    The website of the province your property of interest resides in will have lots of documents available to answer your questions in more detail - the googles is your friend to get you started.

  4. #4
    Join Date
    Jan 2009
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    Park City
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    Many thanks
    I rip the groomed on tele gear

  5. #5
    Join Date
    Sep 2010
    Location
    Shuswap Highlands
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    4,345
    With respect to water licenses in BC, in most cases if the previous owner held a license and holds no adjacent property, they will offer to transfer the license along with the land title. Water licenses are granted in order of application, so if one is surrendered, then the allocated resource typically goes to the next available applicant. Depending on the use of the watercourse, old water tenures that are high in the usage queue can be more valuable than the property in question! As for the water infrastructure, these are covered under easements, and should be indicated in the land title documents - be sure of your rights with respects to easements on your property of interest, and that the proper easements are in place for the licence(s) you may acquire. Lots of handshake deals around easements from the old days, causing issue when land and licenses are transferred.

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