A week after N.L. made changes to Crown lands division, a landowner has lost his battle
New legislation meant to make acquiring Crown land easier
A Portugal Cove-St. Philip's man has lost his battle with Newfoundland and Labrador's Crown lands division, less than a week after the provincial government works on passing legislative changes meant to ease unexpected issues.
For Everett Sacrey, the loss means his plan to build a family home on land passed down by his parents will cost a lot more — if it happens at all.
"We're being told that we don't have ownership over that land," Sacrey said in an interview with CBC Radio's St. John's Morning Show.
Sacrey said his parents bought the land, located just off St. Thomas Line, from a developer, and have been paying municipal taxes on it to the Town of Paradise ever since.
After his father died, Sacrey and his siblings agreed that he would buy the land and build a house. During the process, Crown lands stepped in to contest Sacrey's title to the property.
"There was no indication before that this was an issue," Sacrey said. "However, the land has been in the same name since 1981, so I guess you wouldn't find out this issue until now when you actually want to go do something with it."
According to Sacrey's lawyer, Greg French, the agreement of purchase and sale for the land was registered, but the deed was lost. French said the missing deed meant a quieting of titles was necessary. A quieting of titles is a process used to confirm or solve land ownership.
"No one else in the town or anywhere else had a problem with it, but [the Crown lands division] came out to say that this was Crown land," he said.
French said after Sacrey's parents had bought their parcel of land in the 80s, title to much of the surrounding land was quieted — without objection from the Crown.
But, French said in Newfoundland and Labrador Supreme Court on Tuesday, the Crown maintained its objection to the Sacrey family's ownership of the land — meaning the family's next step would be to buy the land from the provincial government.
New rules, old problems
Sacrey's battle with Crown lands comes as the provincial government proposes amendments to the legislation governing Crown lands in Newfoundland and Labrador. The legislation has passed Second Reading.
The changes come after stories from CBC News and other media outlets about Newfoundland and Labrador residents who were forced to buy land — that they thought they owned — from the provincial government.
According to a news release from the Department of Fisheries, Forestry and Agriculture, the amendments will create "shortened, easier requirements" for establishing adverse possession — also known as squatters' rights — against the provincial government.
An independent tribunal will hear appeals of adverse possession decisions.
The provincial government is also creating a new "primary residence property title program."
According to the release, anyone who built, bought or inherited a house and land and is now living full-time in that home will be issued a quitclaim deed, forever eliminating the Crown's right to that property. The applicant will show that they paid taxes to their municipality and establish reasonable proof of primary residence as of Oct. 15, 2024.
They will still pay some fees related to applications, quitclaims, document preparation and land surveys.
Fisheries, Forestry and Agriculture Minister Gerry Byrne said the changes are important.
"We have delivered deeds that will strongly support good title, where previously, that was an impossible outcome," Byrne said.
CBC News requested an interview with Byrne. His department declined the request as the matter is still before the courts.
Last month, provincial Auditor General Denise Hanrahan issued a highly critical audit of the Crown lands division, pointing to outdated policies and missing records.
Byrne accepted Hanrahan's findings and recommendations.
Next steps
Most of the area near Sacrey's contested land is now a subdivision, but the Sacrey family's land has never been developed or occupied. French said because the land hasn't been occupied, he doesn't know if the property meets the criteria for the property title program.
"If [the Crown] is still sticking by the question of physical occupation, then the Sacreys may not be any better off now than they were yesterday," he said.
As for Sacrey, he said he isn't sure what will happen next with the land — and he wants to know if his family will be compensated for years of municipal taxes they've paid.
Sacrey said he believes the case sets a bleak precedent for people buying land in Newfoundland and Labrador.
"When you buy your piece of land, years down the road you may not own it," he said.
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