Question 7

How can property be held?

Alberta:

Property in Alberta can be held by individuals in two ways: (1) as tenants in common; or (2) as joint tenants with rights of survivorship. Property owned by a Limited Partnership is restricted by the Alberta Business Corporations Act where the registered owner must be in the name of the General Partner.

British Columbia:

Fee simple ownership
Leasehold

Manitoba:

In Manitoba, real property can be held in the name or names of one or more “legal personalities” (i.e., individual persons or corporate entities) and in some instances, it can be held in the name of an individual (or a body corporate) acting as a trustee (or any trustee-like position) on behalf of one or more other persons (e.g., a trustee in bankruptcy or the personal representative of a deceased person’s estate). Where two or more natural persons hold title to real estate, they usually hold either as joint tenants (with the ultimate survivor acquiring all of the interest in the land) or as tenants in common, where each person’s interest may devolve upon his/her estate.

In most beneficial owner(s) – trustee situations involving real property, Land Titles System does not wish to take cognisance of/recognize that one person (or more) hold title in trust for one or more other persons. In particular, it does not wish to be responsible to ensure that an act by a trustee complies with the terms of the relevant trust. However, Land Titles does not permit one claiming to a beneficial interest in real property to file a caveat against the title giving notice of the same.

New Brunswick:

Waiting for input. Please consider contributing.

Newfoundland and Labrador:

Waiting for input. Please consider contributing.

Northwest Territories:

Waiting for input. Please consider contributing.

Nova Scotia:

  • Fee simple
  • In Trust
  • A Trustee
  • A life estate
  • Remainder interests
  • An interest of Her Majesty
  • An interest arising from a legislative enactment

Comments:

Title may be held individually, as joint tenants (with right of survivorship), as tenants in common, or as a mixture of joint tenants and tenants in common.

Nunavut:

Waiting for input. Please consider contributing.

Ontario:

Individuals can hold title as tenants in common or joint tenants.

A corporation or partnership may also be registered as an owner.

Comments:

Although many trusts are created, they are not recognized by the Land Titles registration system and cannot be registered as such.

Prince Edward Island:

Waiting for input. Please consider contributing.

Quebec:

Waiting for input. Please consider contributing.

Saskatchewan:

As tenants in common or joint tenants

Yukon Territory:

Waiting for input. Please consider contributing.