• Crown Lands are administered by the Minister of Fisheries, Forestry and Agriculture for the social and economic benefit of the residents of Newfoundland and Labrador.
• There is no complete list or mapping inventory available that identifies all of the Crown land in the province.
• It is an applicant’s responsibility to complete the research to determine whether the land you want to apply for is available Crown land and is not privately owned.
• There are several sources of information that can be used to assist in determining Crown land availability:
  • Local Knowledge
    • Community residents may be aware of the history of land ownership
  • Physically walking over the land can provide clues (e.g. fences, building remains, gardens) as to whether the land was previously occupied
  • Municipalities
    • Municipal Councils may have property taxation records identifying land ownership
  • Registry of Deeds
    • Should you be able to identify the individual(s) connected to or listed as adjacent to the land you are interested in, the Registry of Deeds may have records of registered land claims. This includes surveys and land descriptions identifying individual names associated with the land
  • Regional Crown Lands Offices
    • The Crown Lands Office in your region may be able to provide you with access to maps showing the most recent Crown lands issued titles and relevant surveys
  • Historical and recent aerial photography may also be available through the GIS and Mapping Division.
  • Provincial Archives
    • The Provincial Archives located at The Rooms in St. John’s holds records of Crown land purchases from 1830 to 1930
  • Court Records
    • Court records may also serve as a supplementary source for land ownership identification
  • Provincial Land Use Atlas

Yes. When it is obvious that an application will be refused, than a department office will not accept an application. There are a number of reasons why the Department may refuse to accept an application. Here are several examples:

• the land may fall within a proposed or designated watershed;
• the proposed development may be contrary to a municipal or regional plan;
• the land may border a section of a highway to which access will not be permitted by the Department of Transportation and Infrastructure;
• The applicant has reached the maximum number of applications permitted in an area (for example: maximum of 2 for cottage development).

No. An individual does not acquire any rights in a parcel of land as a result of having their application accepted. For this reason, the application form contains a caution that the land cannot be occupied or developed until a title is issued. The Department’s only obligation to the applicant at this point is to process the application and obtain a decision as quickly as possible.

No. The application fee is used to cover part of the cost of processing the application. Regardless of the final decision, the fee is not refundable.

When an application is accepted by the Regional Lands Office for processing, it is assigned a unique number which becomes the application’s permanent identifier.

A referral is a request for comments and recommendations sent by the department to other Government departments or agencies who may have an interest or concern related to the land being applied for. Generally, an application will only be approved if it is recommended by all applicable regulatory authorities.

The only right the applicant has at this stage is to have the land surveyed by a registered member of the Association of Newfoundland Land Surveyors.

The applicant cannot, on the basis of this approval, develop or occupy the land for which they have applied.

This is because the application may still be refused by the department at any time prior to the issuance of a fully executed title document. Such refusals are rare at this stage, but can occur for a variety of legitimate reasons. People who develop land at this stage may suffer financial loss should the title document not be issued.

A survey is necessary in order to correctly and accurately identify the size and location of the parcel of land that has been approved. It is also necessary to ensure that the land approved does not overlap or interfere with the rights of other land owners in the area and to confirm that the land is, in fact, Crown land.

In accordance with the Lands Act, a survey must be submitted within twelve (12) months from the date on which an application is approved. If the applicant doesn’t get the survey submitted within the twelve months, it could result in the application being cancelled. However, the applicant may request additional time to a maximum of 18 months from the date of approval of the application, provided the request is received in writing prior to the expiry of the first twelve (12) month period. Even though an applicant may request to an extension, it is not automatic and the applicant must provide a legitimate reason as to why he/she could not submit a satisfactory survey in the first twelve (12) month period.

Yes. An applicant is free to withdraw an application at any time; however, note that the application fee is not refundable.

No. An applicant does not have the right to transfer an application to another party. Only a person who holds a Crown title that is in good standing may apply for permission to transfer his or her rights to another party.

A Crown lands title conveys surface rights only. All minerals, limestone, granite, slate, marble, gypsum, clay, sand, gravel, coal, oil, etc., are excluded from the title and reserved to the Crown. For specific details, the title holder should consult the terms and conditions of his/her grant, lease or licence.

Generally, ownership of shorelines around any water body is restricted and a 15 metre reservation is maintained for public use between the high water mark of a water body and any area of granted, leased or licenced land. Specific procedures are required to use the shoreline for the construction of a facility and then only for limited purposes. For further information on the shore line reservation, refer to Section 7 of the Lands Act.

The following is a list of resources who may be authorized to administer an oath:

• Commissioner of Oaths: Those appointed by the Minister of Justice and Public Safety, under the Commissioner for Oaths Act. Most Regional Crown Lands staff have also been appointed Commissioner for Oaths. Regional directors, district managers, social workers and financial assistance officers employed by Government or a board established under The Health and Community Services Act or The Hospitals Act are also Commissioners of Oaths.
• Justice of Peace: Person appointed by Minister of Justice and Public Safety under the Justices Act.
• Notary Public: Persons appointed by the Minister of Justice and Public Safety under the Notaries Public Act.
• Barrister / Solicitor: These are Commissioners for Oaths as long as they are practicing in the Province.
• Mayor or Chairperson of a Municipality: These are Commissioners for Oaths as long as they hold office in the Province.
• Member of the House Assembly: These are Commissioners for Oaths as long as they hold office in the Province.