Land Patents are important.
I will post the short form version when Elizabeth emails it to me. Everyone should get one, they provide protection from the fascist attacks of bureaucracies, among other things.
Liz Marshall has drafted up an explanation on the Crown Land Patent Grants - what they are and why they are important. A short form version will be sent out soon.
REAL PROPERTY/LAND RIGHTS =
Crown Land Patent Grants
The original Crown Land Patent Grant or Letters Patent, from the Crown issued under the Great Seal, conveys leasehold or freehold land to the Patentee/Grantee, their heirs and assigns forever. It would seem that Letters Patent are a contract with the Crown and the original Patentee, the heirs and assigns forever.
According to Jeffrey S. Murray, Library and Archives Canada, “a land grant is a general term referring to the Crown’s transfer of public lands to a subordinate government, a corporation or an individual. The Dominion Lands Act (35 Vic., c. 23, 1872) offered a wide variety of such grants to colonization companies, the Hudson’s Bay Company, railways (for right of ways and stations), municipalities (for town sites and schools), religious organizations (for church sites and cemeteries) and individual homesteaders.” According the the Guide for the Federal Real Property Act a Crown Land Patent Grant is defined as:
The definition extended the previous definition of "grant" under the Public Lands Grants Act. The previous definition limited Crown grants to those conveying a fee simple or equivalent estate in real property.” Letters patent have been defined as "writing of the sovereign, sealed with the Great Seal, whereby a person or company is entitled to do acts or enjoy privileges which could not be done or enjoyed without such authority."
Why are Crown Land Patent Grants or Letters Patent so important:
They are the “root of all title”, and, it would seem, they ensure that you actually own what you have paid for. All title searches should, it would seem, be done from the present deed to the original patentee to confirm that the land does not have previous “exceptions, habendums, restrictions, reservations, and/or land use conditions” (The definitions can be found in the Ministry of Natural Resources (MNR) policy PL 4.03.01, “Release and Voidance of Reservations and Conditions in Land Grants.”) placed on the land during the original granting or by past owners. The “reservations”, remained the property of the Crown, all else was gifted to the Patentee/Grantee, their heirs and assigns forever, meaning that they owned everything under, growing on, and above the area included within their surveyed boundaries, depending on any reserved land use condition that would be specified within the Grant. Ownership also included everything constructed and everything that they accumulated for the use, their ability to make a living from, and the enjoyment of their property/land/estate.
From the Guide to the Federal Real Property Act:
There is a common law rule dating back several centuries that land owned by the Crown can only be conveyed by way of letters patent unless there is statutory authority to do otherwise.
“This is a fundamental principle, going back at least to Magna Carta,” In Attorney-General v. De Keyser’s Royal Hotel Ltd.,  A.C. 508 at 569 (H.L.) [De Keyser’s Royal Hotel], Lord Parmoor said: “Since Magna Carta the estate of a subject in lands or buildings has been protected against the prerogative of the Crown.”
Why haven’t we heard of them before now
From the Guide for the Federal Real Property Act:
“In addition, letters patents are still required for a more esoteric legal reason… Over the years court cases have dealt with the legal force and effect of letters patent. Therefore, we need to keep letters patent at least to have this jurisprudence continue to apply to the instruments of grant”
Funk and Wagnal there definition is: “Esoteric: 1. Understood by or meant for only a few specially instructed or initiated individuals: esoteric doctrine. 2. Confidential; kept secret: an esoteric motive. – See mysterious.”
For more information, please contact your County Landowners Association or visit our Website at www.ontariolandowners.ca
OLA County Association Contacts:
Durham York Victoria: 1-905-576-2479
Frontenac Addington: 1-613-372-1095
Grey Bruce: 1-519-934-2310
Lambton Middlesex: 1-519-692-3775
Oxford, Norfolk, Elgin: 1-519-842-2498
Parry Sound: 1-705-382-2029
Prescott Russell: 1-613-679-4151
Prince Edward, Hastings, Northumberland: 1-905-342-2891
Stormont Dundas: 1-613-448-2743
Peat Farmers, Mt Albert: 1-905-473-2912
Eastern Ontario Outdoor: 1-613-372-2353
Please let me know if I said something that offended you. I may want to offend you again sometime.