Personal property rights in canada dating
Thus general property law, including succession law and matrimonial property law (see Family Law), may only be enacted by the provincial legislatures.
However, certain kinds of property (such as bills of exchange and promissory notes, patents, copyrights and interest for the use of money) are within federal jurisdiction.
Under the deed registration system, individuals establish ownership to land derivatively through their predecessors in title.
Theoretically, to establish ownership they should trace the title to the original grant of the land from the Crown.
The development of property law has generally been gradual and unspectacular.
In the latter part of the 19th century, Canadian provinces and territories enacted statutes that permitted married women to hold property separate from their husbands.
Provincial legislation now permits a judge to order a division of property after a marriage has broken down to achieve fairness between spouses no matter who owns the assets.
There has also been a corresponding response by the courts, and property law concepts have been modified to achieve fairer results.
The unfairness of the law, graphically illustrated by this case, resulted in a profound change in matrimonial property laws throughout the common-law provinces in the 10 years following the decision.
Property is either classified as private property owned by one or more individuals, or public property owned by government.
Property law is also classified under common law as real or personal.
The laws were established at various time — in Nova Scotia and (what later became) New Brunswick in 1758, Prince Edward Island in 1763, Upper Canada (Ontario) in 1792, Newfoundland in 1832, British Columbia in 1858 and the North-West (later the three Prairie provinces) in 1870.
The Constitution Act, 1867, gave legislative power over property and civil rights to the provinces.