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Old 02-08-2010, 12:31 AM
 
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Hi, my husband and I are moving to Kamloops BC next month. We are looking at purchasing a home that is located on a Native Reserve. We would not own the land ourselves, but lease it through the Native Band. The benefit would be a lower mortgage payment for us. Does anyone have experience with this type of agreement that can offer us some advice? Thanks.
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Old 02-08-2010, 07:38 AM
 
Location: Gatineau, Québec
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Not saying it would happen to you but you might want to read these articles:

Greensboro, 1960. Kahnawake, 2010 (http://www.nationalpost.com/opinion/story.html?id=2529772 - broken link)

Natives only, please (http://www.nationalpost.com/news/story.html?id=2529712 - broken link)
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Old 02-08-2010, 07:57 AM
 
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We BRIEFLY considered buying a home in Redwood Meadows, outside of Calgary, near Bragg Creek, AB. Same situation, homes 2/3 of the price of the area, but built on leased native land. On advice of many people (NOT REALTORS), we decided not to buy simply due to the fact that regardless of what the lease would say, the Band has complete control of the land and could change or cancel the lease at will. Not legally - obviously, but when it comes down to it, it's Native land, and not yours. With the amount of money that you would be investing into a house, do you really want that in the back of your mind?

Also, whenever we buy we consider resale - you would probably miss 90% (or more?) of future buyers - people who won't even consider your area, due to the leased land issue.
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Old 02-08-2010, 08:19 AM
 
Location: Gatineau, Québec
21,937 posts, read 27,320,303 times
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Quote:
Originally Posted by easybay View Post
We BRIEFLY considered buying a home in Redwood Meadows, outside of Calgary, near Bragg Creek, AB. Same situation, homes 2/3 of the price of the area, but built on leased native land. On advice of many people (NOT REALTORS), we decided not to buy simply due to the fact that regardless of what the lease would say, the Band has complete control of the land and could change or cancel the lease at will. Not legally - obviously, but when it comes down to it, it's Native land, and not yours. With the amount of money that you would be investing into a house, do you really want that in the back of your mind?

Also, whenever we buy we consider resale - you would probably miss 90% (or more?) of future buyers - people who won't even consider your area, due to the leased land issue.
These are excellent points. I have absolutely nothing against aboriginals and would certainly lease land from them (or from a Sri Lankan or a Botswanan) provided that the land tenure laws and regulations were exactly the same as elsewhere in the province I was in. However, as has been pointed out the reserve lands are subject to a different set of laws.

I know there were some cases a few years ago in BC that went all the way to the Supreme Court because non-natives were subjected to multi-thousand percent tax and rent increases and had no say in the matter because they were not natives.

I would not want to potentially become embroiled in something like this, or be held hostage (literally or figuratively) if there happens to be a dispute (often on a totally unrelated matter) between the government and the native band whose land I am living on.

I know there are thousands of non-natives living on reserve lands in BC without any problems, and that relations in BC are somewhat more harmonious than in Ontario (Ipperwash, Caledonia, Akwesasne) or Quebec (Oka, Kahnawake, Kanesatake), but things can change fast.

Everything was reasonably hunky-dory in Quebec on this front up until 1990, and then the issue of a golf course expanded on an old native burial ground triggered the Oka crisis. Things haven't yet recovered from that sad episode and it's been 20 years.
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Old 02-24-2010, 09:39 PM
 
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My husband and I visit B.C. and the Kamloops area every year. We live in California and I am from B.C. We looked into native leasing of lake property and decided against it. The reason being that the lease can be terminated at any time by the natives. My grandmother and grandfather built their home on leased land and they were forced to move and leave their home behind. My parents leased native land in northern b.c. on a lake and had the same thing happen. When the lease was up they were given 1 week to leave the property, with or without the cabin they built. It is native land and not under the jurisdiction of the canadian courts but under the jurisdiction of the natives. That is why native leases are so much cheaper. You may find that Kamloops has very good buys in real estate and if you want something to own it may be best to see if you can afford to own outright.
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Old 06-02-2011, 09:17 PM
 
18,259 posts, read 10,360,166 times
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Many who built homes on leased native land around Georgian Bay in Ontario found themselves subjected to all sorts of negative things such as road tolls to get to their homes on a daily basis. You might not see any of this when signing up but there's no stopping them from pulling fast ones on you afterwards.
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Old 06-02-2011, 09:32 PM
 
Location: grooving in the city
7,371 posts, read 5,864,740 times
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There is always a risk with leased land. Short term gain (lower monthly mortgage payments), may make for long term pain. If you purchased a home and then had to move it because of problems encountered with your lease, the costs would outweight any present benefits. I wouldn't do it. That's just my humble opinion.
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Old 06-03-2011, 03:01 AM
 
34,355 posts, read 41,427,648 times
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If the band council decides their land is for status Indians only then you walk away from that house with nothing..You really dont want to get caught up in this type of problem..

http://indiancountrytodaymedianetwork.com/2011/04/kahnawake-weekly-finalist-for-top-journalism-prize/ (broken link)
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Old 06-03-2011, 03:00 PM
 
Location: on the road to new job
324 posts, read 587,226 times
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Leased land is exactly what it means. They own it and you don't. Many times the First Nation's will lease out a piece, and then realizing they could have received more money, have cancelled the contracts and tossed people out. It's happened in Montana where I lived in a trailer on Crow Rez only to be tossed at 2am because they changed their minds and sent their BIA goons out.

It's not worth the aggravation.
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Old 07-27-2013, 08:09 PM
 
1 posts, read 14,562 times
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do natives have to also pay for leased land or is it considered their land.
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