What If Your Land Rights Are Older Than Canada?
If you own farmland in Ontario, your rights to that land might go back before Canada even existed. That’s not just history—it’s power. The land grants issued by the British Crown before Confederation (1867) weren’t just paperwork. They were ironclad promises from the Sovereign, giving farmers full ownership—often “forever.”
These grants, called Crown patents, are still the foundation of your property rights today. And here’s the kicker: no provincial law or municipal bylaw can legally override them unless the Crown itself reserved something in the original grant. Just to clarify, the original grantee received all of the right, title and interest that the Sovereign of the Crown had in the land, subject only to the rights or interests that the Sovereign retained, called reservations, and the responsibilities of the grant in fee simple.
Why should this matter to you?
Because if the law were to be followed, your Crown patent could protect you from:
- Overreaching municipal bylaws
- Land use restrictions that ignore your original rights
- Any claim of interest by the Conservation Authority, the NEC or other parties that may have been allowed to restrict your rights in favour of their perceived jurisdiction.
- Any restrictions that seek to override the common law prevailing at the time your land was granted
What Is a Crown Patent, Really?
A Crown patent is a legal document issued by the British monarch (or their representative) that transferred land from the Crown to private individuals. These grants were often given to settlers, farmers, and veterans, and they came with powerful language like:
“To have and to hold the said lands unto him and his heirs and assigns forever.”
That’s not just poetic—it’s legal gold. Unless the Crown explicitly reserved something (like mineral rights or white pine trees), the land was yours, free and clear. (But always subject to the responsibilities of the grant in fee simple; those being escheat, compulsory purchase, taxation and police power)
Can Modern Laws Remove the Rights and Privileges Granted by the Sovereign?
Not easily. The Crown is bound by its grants. (Just imagine if the King or Queen gave you a tract of land and then took back some part of that grant and gave it to another. Even the King or Queen can’t give something away twice. What would that make our Sovereign? And what of the Honour of the Crown?)
Courts have repeatedly said that Crown patents are paramount—meaning they outrank provincial laws unless the legislation is crystal clear and constitutionally valid.
For example:
- In Mercer v. Ontario (1881), the Supreme Court ruled that land granted before Confederation couldn’t be taken back or restricted by the province.
- If a bylaw tries to limit how you use your land, and it contradicts your patent, it might be unenforceable.
What About Timber and Minerals?
Some patents included reservations—like the right of the Crown to harvest white pine or extract minerals. But many of those reservations were voided by law decades ago. (The Public Lands Act voided all reservations of all timber or trees or any class or kind of tree contained in Letters Patent dated on or before the 1st day of April 1869 …..) So much for their tree bylaws!
So What Should You Do?
- Find your Crown patent: Start with the Ministry of Natural Resources and Forestry, MNRF. Copies of most Crown Patents can be sourced through them. If they can’t find your patent, you may have to check with the federal archives in Gatineau. Just know that all private land on which municipal taxes are levied is patented!
Once you have your patent, a full title search back to root should tell you if any owner has given up any of the granted rights!
- Assert your rights: If a government agency or developer tries to override your land use, your patent might be your best defense.
Final Thought: You’re Not Just a Landowner—You’re a Steward of History
Your farm isn’t just dirt and crops—it’s part of a legacy that began with a royal promise. Understanding your Crown patent isn’t just about protecting your rights—it’s about honoring the generations who came before you and securing the land for those who’ll come after.
So next time someone tells you what you can or can’t do on your land, ask them one question:
“Have you read my Crown patent?”