defeasible estate in fee simple

defeasible fee simple | fee simple defeasible

defeasible estate in fee simple

estate in fee simple [ fee simple ]

We are currently developing an approach under which we expect to move towards replacing the initial rights of possession with individual estates in fee simple, a short time after the effective date of the treaty.

(2) For greater certainty, the aboriginal title of the Nisga’a Nation anywhere that it existed in Canada before the effective date of the Nisga’a Final Agreement is modified and continues as the estates in fee simple to those areas identified in that Agreement as Nisga’a Lands or Nisga’a Fee Simple Lands.

9. Where under the laws of a province other than Quebec an instrument transferring real property without words of limitation operates as an absolute transfer of all the transferor’s interest in the real property, a grant of federal real property in that province by letters patent or by an instrument referred to in paragraph 5(1)(b) operates as a conveyance of a fee simple or equivalent estate in the property although no words of limitation are used in the instrument, if Her Majesty has power to grant the fee simple or an equivalent estate in the property and no contrary intention is expressed in the instrument.

As the owner of the entire fee simple estate in Nisga'a lands, the Nisga'a Nation has the right, under paragraph 4 of their lands chapter, in accordance with the treaty, in accordance with their own constitution, and in accordance with Nisga'a law, to dispose of the whole of its estate in fee simple and any parts of Nisga'a lands to any person or to create or dispose of any lesser estate or interest to any person.