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Generally, early European
settlement in Newfoundland and Labrador was discouraged by Great
Britain in order to promote the lucrative cod fishery and to
supply the ranks of the British navy. Attempts at colonization
from 1610 to 1661 by Guy, Kirke, Vaughan, Baltimore and others
resulted in failure and confirmed the official British policy
towards preserving the Province as a fishing colony in order to
protect the fishing interests of the mother country.
In 1699 Britain finally allowed a
limited form of land ownership based solely on the prosecution
of the migratory fishery. It was not until 1824 that the British
Parliament passed legislation which empowered the Governor to
grant or lease vacant "waste" land for any purpose,
whether fishery related or not. The legislation remained in
effect until 1844 when the first Crown Lands Act was
passed by the Newfoundland legislature. Despite these
legislative improvements permitting land ownership, many persons
continued to take possession of Crown land without obtaining a
land title and claims to land based on adverse
possession, commonly referred to as squatter's
rights, remains a key aspect of the land tenure system of
the Province.
In 1824 the British government
enacted the Judicature Act which created the first land
registration system based on a District Court model with a
Northern District Court in Harbour Grace, a Southern District
Court in Ferryland and a Central District Court in St. John's.
All deeds, wills, grants of land and other instruments were
required to be registered in the District Court within six
months. The requirement for compulsory registration within six
months was subsequently removed by the legislature because poor
transportation and communications systems prevented the public
from meeting this six month deadline. This requirement was never
re-introduced and many persons continue to hold land by means of
unregistered deeds or squatter's
rights.
The registration of Crown grants
in the District Courts ended in 1849 when the Crown Lands
Registry was created under the Crown Grants Registration Act.
The Registry remains in existence to the present day and houses
approximately 72,000 grants, leases and licences of Crown land.
Approximately 1600 titles to Crown land are registered yearly.
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