The Honourable Gerry Byrne, Minister of Fisheries, Forestry and Agriculture today announced new measures to remove barriers when applying for, or securing property title to, Crown lands.

Changes include amending the Lands Act to better support title seekers trying to acquire legal ownership of Crown lands based on adverse possession – commonly referred to as “squatter’s rights.”

Along with legislative amendments planned for the fall sitting of the House of Assembly, other measures include:

• Creating a new policy that enables the Provincial Government to relinquish its right to Crown lands by issuing a quitclaim deed to title seekers who have occupied lands long-term. This would enable title seekers to privately resolve challenges associated with securing title.
• Preparing to launch a modernized, mobile-friendly online portal that will improve the Crown lands application process.
• Continuing policy review that will improve and modernize Crown lands management, service delivery, application processing times, and enforcement.

In 2022, the Provincial Government engaged the public, interested parties and experts for input on improving Crown lands processes. Feedback indicated an expectation of reduced wait times for Crown lands applications, and removal of barriers for applications based on adverse possession or long-term possession of land.

Legislative measures include:

• Making it easier for applicants to prove adverse possession against the Crown by changing the required land possessory period from the current 20 continuous years immediately prior to January 1, 1977, to a period of 10 continuous years immediately prior to January 1, 1977.
• Enabling the Provincial Government to issue a certificate declaring it claims no interest in a parcel of land.
• Allowing the Minister the option to approve additional structures under Section 7 of the Lands Act related to shoreline reservations.
• Providing more flexibility for applicants by allowing the removal of timeframes currently required under the Act.

When enacted, the new policy to issue quitclaim deeds in certain cases where there has been long-term residential occupation will remove the Provincial Government’s interest from a property. This will help those seeking to obtain “good title” who can prove long-term possession of their primary residence but may not meet requirements to establish adverse possession under the Lands Act.

In response to the call for reduced wait times, the launch of a new Online Crown Land Application Portal will allow applicants to submit supporting documents, maps and fees online. The new portal will help eliminate application errors, simplify fee payments, and reduce the number of incomplete submissions received.

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“Securing Crown land title or proving long-term land possession can be challenging, especially during times when difficult decisions and major life changes are at hand. The measures announced today aim to lessen some of the emotional and financial burdens so often associated with real estate transactions, estate management, and other legal concerns. We appreciate the thoughtful and valuable insights we received from the public and interested groups as we strive to strike a balance between our duty to manage and protect Crown lands, and our duty to serve the needs of the residents of Newfoundland and Labrador.”
Honourable Gerry Byrne
Minister of Fisheries, Forestry and Agriculture

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