Cowichan Tribes case invites plenty of speculation
- Nor Yu
- Oct 22
- 1 min read
The Cowichan Tribes secured a landmark decision from the British Columbia Supreme Court in August granting them Aboriginal title over about 7.5 km² of land in the city of Richmond. Its an unpresedented case in Vancouver.
The city says this ruling has created significant uncertainty for homeowners and businesses — particularly for “fee-simple” private title holders — because the coexistence of private property rights and Aboriginal title is now unclear.
how this case might affect mortgage financing:
Title risk & mortgage availability: Because lenders rely on clear fee-simple title to secure a mortgage, any uncertainty around land title (e.g., whether Aboriginal title might override or co-exist) can lead to banks pulling or refusing financing.
Marketability & exit risk: Homeowners who might want to sell could face serious delays or inability to sell if buyers cannot get mortgage financing. That’s a major risk for both private sellers and lenders.
Impact on value & investment decisions: If a property’s title is clouded (or potentially subject to negotiation/litigation), the perceived market value and the risk profile for investors or homebuyers increases.
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