Crown Grant FAQ - Mineral Titles

Last updated on April 6, 2023
 

What is a Crown grant? What is a Crown granted 2 post claim? What information is contained in a Crown grant?

Crown grants are the legal instrument by which Crown lands are transferred to a purchaser. A Crown grant sets out terms and conditions unique to each grant. The Land Title and Survey Authority of British Columbia (LTSA) is responsible for production and issuance of Crown grants on behalf of the province.

A Crown granted 2 post claim is a mineral title that was issued under various former Acts and subsequently converted to a Crown grant.

Crown granted mineral claims were issued from 1874 to 1960. A Crown grant may hold surface and/or sub-surface rights to the land and therefore may impact mineral rights acquired in any overlying mineral or placer cell claim.

Land Title Survey Authority has extensive guidance, tools, and services for researching land titles.  In addition, Information Update 39 or Historic Crown grants research in GATOR has more detailed instructions about researching Crown grants and Crown granted 2 post claims.

 

Can I acquire a Crown granted 2 post claim from Mineral Titles Branch 

No.

The last Crown granted 2 post claim was issued in 1960. You may only acquire an existing Crown granted 2 post claim from a person who currently has title to one.

 

How do I know if my cell claim overlaps a Crown granted 2 post claim?

Using MTO, you can request a Title Overlap Report (TOR) be generated and a report will be emailed to you. This report will list land interests (including Crown granted 2 post claims) that overlap with your claim.

For more information about the TOR report, please review Understanding the Title Overlap Report.

Crown Grants are legally surveyed. You can view the survey parcels that may relate to Crown grants (including Crown granted 2 post claims) in the MTO map viewer by selecting the Land Act Survey Parcel layer.

Use the identify tool in the MTO map viewer to select a survey parcel and view its details.  

 

My claim is located over a Crown granted 2 post claim. What mineral rights are associated with my claim?

Your claim does not convey any mineral rights that are held by the Crown grant where they overlap.

Crown granted 2 post claims were legally surveyed and their shapes do not match the current mineral titles grid cell boundaries.

Below is an example from Mineral Titles Online that shows the legal survey parcels for Crown granted 2 post claims, ‘Yanks Peak MC’ and ‘Yanks Peak No. 2 MC’. The Crown Granted 2 post claims (coloured in dark pink) overlap cell claim 1055083.

In this situation, the recorded holder of cell claim 1055083 holds the mineral rights as defined in the Mineral Tenure Act where there is no overlap (the area coloured in light pink within the cell claim boundary). The recorded holder of the cell claim 1055083 may not have mineral rights or may have rights to only some minerals in the area shaded dark pink within the cell claim boundary.  

 

Title 1055083 overlapping crown grants

Each Crown granted 2 post claim must be researched independently to determine if it is still active and what mineral rights it holds.

Land Title Survey Authority has extensive guidance, tools, and services for researching land titles.  In addition, Information Update 39 and Historic Crown grants research in GATOR has advice about how to research Crown grants or Crown granted 2 post claims.

A free miner should thoroughly research and understand Crown granted 2 post claims before acquiring a cell claim where there is overlap.

 

I have a Crown granted 2 post claim and the overlying cell claim. Can I apply work done on my Crown grant to the cell claim?

Yes.

If you have a Crown granted 2 post claim and overlying cell claim, you can apply work from your Crown Granted 2 post claim to your cell claim.

 

Is there a tax on Crown granted 2 post claim?

Yes, the tax rates payable on Crown granted 2 post claims are outlined in the Mineral Land Tax Act.

 

My father owns a Crown granted 2 post claim. How can he transfer the mineral rights to me?

To transfer the mineral rights held in a Crown granted 2 post claim, your father will need to register the transfer with Land Title Survey Authority (LTSA).

Once completed, he can contact Mineral Land Tax to update his account information.

Once you become the registered owner of freehold mineral rights, you will be responsible for paying mineral land tax.

For more information about the tax payable on freehold mineral rights, see Mineral land tax.

 

Is a legacy claim the same as a Crown granted 2 post claims?

No.

A legacy claim is a mineral title that was issued prior to January 12, 2005, and was never converted to a Crown grant. 

 

In the MTO map viewer, how can I tell the difference between a legacy claim and a Crown granted 2 post claim?

In the MTO map viewer, a legacy claim will be displayed with a mineral title number. 

A Crown granted 2 post claim will not have a mineral title number. In the example below, 207548 is a legacy claim and DL 11124 ADANAC No. 1 MC is a Crown Granted 2 post claim.

MTO map viewer image of mineral title and crown granted 2 post mineral claim