We have had enough of Municipalities, Conservation Authorities, Provincial Government Agencies and NGO's expropriating our private property rights without compensation. We work too hard to have our land rights taken away from us. Our own tax dollars are continuously fighting against us. It is not fair that we purchase land to have the terms of land use changed and restricted well after ownership. We feel like we can never get ahead. We believe this is unlawful and unconstitutional.
So we’re almost ready! We are in the final stages of preparing a Constitutional Challenge based on our pre Confederation Crown Grants, also known as Letters Patent.
Our goal is to re-establish and have acknowledged and respected the rights given and granted to the original grantee, his heirs and assigns, by the reigning Sovereign, his heirs and successors, when our land was alienated from the Crown and put in private ownership.
Land in Ontario is some of the only land in Canada with Pre-Confederation Land Grants, Royal Letters Patent.
The purpose of our original grants was to gift land to settlers and soldiers, have the land worked and made productive, and in return the land was ours to use as we saw fit subject to the common law. The grants after Confederation were granted by the Province of Ontario, and as such are subject to the regulation and policy of the province, but ours were granted before the Province of Ontario existed and as such, were never “in” the province. You see, the Crown could not give the Province of Ontario or the Dominion of Canada what it had already given to those original grantees. Our grants are “matters of record”. They form the root of title and as such are the first entry in the land Register of our Registry System. They are contracts between the original grantees and the Grantor, being the Sovereign of the Crown, his heirs and successors. These two party contracts, along with any deeds form the basis for this challenge and with each passing day, we are more confident than ever that we will be successful.
What will this mean to you?
First and foremost, provincial statute, provincial policy and bylaw may no longer apply to your property. It will not mean that you can do anything you like, but it may mean that you may reclaim the rights you were deeded which include the right to sever acreage if you so desire, the right to dig a pond or put up a barn, the right to quiet enjoyment without restriction by conservation authorities, heritage designations, the Niagara Escarpment Plan and the greenbelt, to mention a few.
Common law implies both common sense and common to the area. Most importantly, common courtesy and respect for the neighbouring property owners. Your grant will never allow you to divert water from your neighbours property, or block the sunlight. It won’t allow you to disturb his quiet enjoyment in any way. But if you choose to use your property in a way that doesn’t offend your neighbor, you may, as your granted rights allow as stated on your patent/Grant.
What have we done so far?
With the help of a well known Toronto Bay St. lawyer, we have found proof of the original intent, Supreme Court of Canada rulings that confirm our position and original statute from the Sovereign that expresses the rights of the grants going forward. After many hours and research our lawyer can not find a reason that the Land Grants should be forgotten and ignored within our Constitution.
A number of landowners from the Niagara Landowners Association and the Hamilton/Halton Landowners Association have been researching our grants for years. We have put in thousands of hours and tens of thousands of dollars and we need your help to get us to the next step.
So how you can help us?
We need to get this court challenge funded. The faster we are able to get the money to proceed, the faster we will have our property rights issue resolved. Please contribute and help us get this started!
The first step, taking our case to Superior Court, could cost $150,000. If we are successful in Superior Court, we would expect an appeal. The Court of Appeal could cost another 50k. And if we win there, we may get appealed up to the Supreme Court of Canada. More money! But the end result will make it all worthwhile. This case will create a precedent for respecting Pre-Confederation Crown Land Grants, meaning almost all the land in southern Ontario.
This initiative, launched by property owner, Tony Kaluzny, will benefit every property owner whose rights have been or may be violated. It's thanks to Tony we have gotten this far, and with his hard work and guidance, we'll get this done.
And finally, we are NOT FOR PROFIT.
That means, if we win and are awarded court costs, that award will be divided and returned to the contributors based on their original financial contribution. So potentially you get your property rights and some of your money back!
Please visit our website at www.ontarioprivateproperty.ca or www.patentresearch.ca for more information and links to our Facebook and Twitter.
- Daryl Herlick
Fundraising team (4)
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