Property rights

Property rights are the legal rights of an owner to possess, use, exclude others from and transfer property. Their content depends on the type of property and on limits imposed by law, contracts or registered interests such as easements and covenants.

How BC law treats it

The Canadian Charter of Rights and Freedoms does not protect property rights, so legislatures can limit or take property by statute, for example by expropriation under the Expropriation Act, RSBC 1996, c 125, which provides for compensation. Succession on death is governed by the Wills, Estates and Succession Act, SBC 2009, c 13.

What it means for your business

Zoning, environmental rules and other regulation can significantly restrict how a business uses its own property.

Risks and common mistakes

Assuming ownership guarantees freedom to develop can lead to costly surprises from zoning or registered restrictions.

Fulcrum's real estate lawyers can help with these issues.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.