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We have a question about property registration and if anyone could enlighten us with some information, we would truly be grateful.

 

As mentioned earlier, a vast amount of land in Upper Canada was granted to a specific class of people, qualifying farmers, under an ancient system called Free and Common Socage.  The very first Act of Upper Canada deals with rights of property of which ancient protocol was followed with extreme care.

 

Before the Crown could grant any parcel of land, a complete survey was done.  The Crown would then grant possession of specifically described areas to farmers after certain conditions were met. 

 

The description of the land area would then be registered and, on the copy of a deed we are viewing, even docketed by the Auditor General of Upper Canada.

 

The land patents were in reality, security and therefore needed to be registered, much in the same manner as other security is registered.

 

 The land patents are in truth contracts with the Crown… granting sovereign production licences.  The Crown did not grant the actual land, but a prescribed geographically area for personal use of all things of the soil and climate in the defined area….. As Lt. Gov. Simcoe stated in his first speech to the Parliament of Upper Canada.

 

 

Since contracts signed by the Crown are public documents, ancient British laws (pre-Magna Carta) dictated that these documents be placed in a building in the seat of the county for public verification.  Public accounting of Crown securities.

 

When viewing old registration (originals) documents, one would see to whom the land was originally granted to from the Crown.  One then can follow the trail of these securities, liens and all, to present day.

 

As signed by King George III, most of Upper Canada is “reserved” for the original domestic population, the First Nations peoples.   The Crown then entered into contracts with different Native nations and “acquired” possession of lands.  The Crown signed Treaties.

 

What we have yet to find, is where did the Crown register the lands it acquired from the different Native nations?

 

Where did the Crown register their securities?  Did the Crown register the lands in Upper Canada before it was granted to farmers?

 

If anyone could point us in the right direction or enlighten us, we would be appreciative.

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While it is heartening to witness the whispering of this topic, open public discussion is more desirable.

 

The original question (yet to be resolved) concerns the registration of Crown claims to property in Ontario.

 

Under ancient definitions the soil, sky and waters are deemed as “possessions” and all things “OF” the soil, sky and waters are deemed as “property”.

 

In 1982, Canada Post delivered, to every household, a copy of the newly signed Canadian Charter of Rights and Freedoms. The constitution is a Public Document. 

 

Many people have seen the visual of HRH Queen Elizabeth II and Prime Minister Trudeau signing the document in Public.

 

There is an important clause buried in that document that relates to rights of “agriculture”.  Please remember that “agriculture” is defined as a class of people that till the soil a/o raise stock.  Agriculture consists of 2 components.  It consists of the liberty and security of “property” interconnected with liberty and security of “persons.

 

Also remember that lands in Ontario was “appropriated” (actual word in Crown documents) to farmers.  Appropriation is a “designation of use”.  As much land was “appropriated” to “farmers”, we can clearly understand where the term “Agricultural Use” originated.

 

Remembering also that land grants are in reality “Crown Patents”.  Patents are official documents that confer exclusive “rights” for a designation of time.  The land patents do have the clause “to their heirs and assigns forever” so the time frame is addressed in the patent issue.  Patents are open public documents hence the need to place them in the seat of a county where the land is situated.  These ancient rules existed before the Magna Carta.

 

The Charter entrenched rights, in particular, it safeguarded the contract HRH King George III signed in 1763, stating that “property” in a defined area was “reserved” for the original domestic population.

 

What the clause means is the fact that the original domestic population has a legal registered “LIEN” on property in Ontario.  It is registered in the open public document, our Constitution, signed by our Queen and Prime Minister, docketed by Parliament.

 

When viewing old land registration documents, the first entry is the original “grantee” of the described lands.  The documents DO NOT list the Crown as the original registered owners.

 

The land patents ‘appropriated’ rights to farmers which were legally registered.  

 

My question is….where did the Crown register their claim to property in Ontario? Is the Crown a “secure” or “unsecured” lien holder on all things of the “soil”?  If the Crown does have a registered lien on property in Ontario, who has first “rights” to property of the soil, water and sky? 

 

How does the docketed lien on “property” found in our Constitution impact Provincial legislation such as Source Water, Species at Risk, tree cutting, GreenBelt, etc?  How does legislation affect the secured lien holders, as legal stakeholders, if entrenched rights were not expropriated properly?

 

Anyone?

  I have an "Abstract of Title" that starts 24 Jan 1845, for this property. The Grantor is the Crown, the grantee is The Canada Company. In the Instrument column is a word that is hard to read. Might be of interest?

 

Peasant62

As you point out, the Crown, as in the Sovereign, was the Grantor of the contract to the Grantee.  The contract you possess is a Sovereign Sacred Covenant.  It is really important to note the date as you mention.  The contract must abide to legislation that was in place the day the contract was Sealed.

 

Individual rights trump collective rights. 

 

It is really important to note when your township was legally incorporated.  If your contract pre-dates the incorporation of the township, you possess some very unique rights awarded to you as an individual...not to the collective body corporate you call your municipality.

Every word in the contract is of importance. My understanding is that the MNR office in Peterborough is now directing farmers to the "licence" department (Crown grants are in effect Sovereign Production Licences) when making requests for copies of the land grants.  I believe they can issue "clean copies" whereby the wording is legible.

 

My question still is unanwsered..... The Native population possess a registered docketed lien to all things of the soil in Ontario...... where is the Crowns' registered lien to all things of the soil?

 

If the Crown breaks a link in the Covenant Chain, in essence breaking the original contract.... will the Crown lose its' rights to the soil? 

 

Who will have control of property rights then?

 

 

peasant62 said:

  I have an "Abstract of Title" that starts 24 Jan 1845, for this property. The Grantor is the Crown, the grantee is The Canada Company. In the Instrument column is a word that is hard to read. Might be of interest?

 

Peasant62

Sorry Peasant62.......I missed the "abstract of Title" point..... blame it on the heat.:)

 

Yes, the abstract of title gives some valuable information.  Most important it the first entry as you point out.  The original registration number is the true registered security number of the Crown contract.  That number is very important.

 

It would be curious to know what the wording is in the instrument column and also the Articles of Incorporation for the Canada Company.

 

peasant62 said:

  I have an "Abstract of Title" that starts 24 Jan 1845, for this property. The Grantor is the Crown, the grantee is The Canada Company. In the Instrument column is a word that is hard to read. Might be of interest?

 

Peasant62

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