Bijural Terminology Records

Common Law

fee simple

Civil Law

n/a

Title of the Legislative Text

Federal Real Property Act, S.C. 1991, c. 50 (title changed to Federal Real Property and Federal Immovables Act by the Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 10)

Provision

  9. Where under the laws of a province 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 such an estate in the property and no contrary intention is expressed in the instrument.

Problem

This provision refers to a particular common law rule which has no application in civil law. The civil law terminology used in the French version (pleine propriété) is therefore not appropriate and should be replaced by the relevant term in common law in French (fief simple).

Solution

In the French version, the civil law term pleine propriété is replaced by the common law term fief simple.

Harmonized Provision

(amendment to the French version only)

  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.

Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 16

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