I don't know about Canada but in the US we get title insurance as purchasing the land doesn't grant indefeasible title.
It's not like this issue is unique to First Nations and treaty rights.
delichon•3mo ago
Typically policies exclude claims that could have been discovered by due diligence. Given that aboriginal title claims are a known legal risk in BC, insurers can argue that homeowners should have been aware of this possibility. See Delgamuukw v. British Columbia (1997).
eesmith•3mo ago
Sure, but there are all sorts of known legal risks to title. That's why title insurance exists.
Do Canadian title insurance regulations really allow the insurance companies to not provide coverage for indigenous land claims? That seems completely irresponsible.
And "due diligence" doesn't mean a homeowner must sift through two centuries of title history and determine the validity of the title themselves. Otherwise that would be a requirement (or to pay someone to do so), just like title insurance, except a lot more expensive.
And due diligence may be wrong, or right but still contested, so it goes to court. Title insurance helps pay for that title defense.
So yes, when I bought my house in the US on what was once indigenous land, I was quite aware of the possibility of title claims, but indigenous treaty law for that land goes back to Imperial Spain, incorporated into US treaty law, and researching that is far beyond due diligence.
eesmith•3mo ago
It's not like this issue is unique to First Nations and treaty rights.
delichon•3mo ago
eesmith•3mo ago
Do Canadian title insurance regulations really allow the insurance companies to not provide coverage for indigenous land claims? That seems completely irresponsible.
And "due diligence" doesn't mean a homeowner must sift through two centuries of title history and determine the validity of the title themselves. Otherwise that would be a requirement (or to pay someone to do so), just like title insurance, except a lot more expensive.
And due diligence may be wrong, or right but still contested, so it goes to court. Title insurance helps pay for that title defense.
So yes, when I bought my house in the US on what was once indigenous land, I was quite aware of the possibility of title claims, but indigenous treaty law for that land goes back to Imperial Spain, incorporated into US treaty law, and researching that is far beyond due diligence.