T-8 - Colonization Land Sales Act

Section 57 Disposition versions

1977-12-31

57. Whenever, by reason of incorrect survey or error in the books or plans of the Department, or in the letters patent, any parcel of land granted, sold or appropriated under location ticket, letters patent or other title contains less in superficial area than that attributed to it in the deed of concession therefor, the Minister may order the repayment of the purchase money of so much land as is deficient to the grantee or to the subsequent purchaser, provided it be shown that the latter was ignorant of a deficiency at the time of his purchase, and, in both cases, with interest thereon from the time of the application to the Minister for such repayment.

Such repayment may be made in money or in land or in land-scrip, as the Minister may direct. In case of an original free grant, the Minister may replace it by a free grant of other land, equal in value to the land so intended as a free grant at the time such grant was made.

No such claim shall be entertained unless application be made within five years from the date of the letters patent, nor unless the deficiency be equal to one-tenth of the whole quantity mentioned in the deed of concession.

R. S. 1964, c. 102, s. 57.