Ownership Rights

Explore ownership rights in Canadian real estate—what they include, how they’re protected, and why they matter for property use and transfer.

Ownership Rights

May 29, 2025


What are Ownership Rights?

Ownership rights refer to the legal entitlements a property owner holds, including the rights to use, sell, lease, or modify their real estate asset.

Why Ownership Rights Matter in Real Estate

In Canadian real estate, ownership rights are protected by law and form the basis of property use and value. They may be full (freehold) or limited (leasehold) depending on the property type.


These rights typically include:
The right to occupy and enjoy the property
The right to exclude others (within legal limits)
The right to transfer, mortgage, or bequeath the property


Ownership rights can be affected by zoning laws, easements, encroachments, or co-ownership agreements. Clarity about these rights is crucial during purchase, construction, or legal disputes.

Example of Ownership Rights

A condo owner’s right to renovate is limited by condo bylaws, showing how ownership rights can be subject to legal and structural restrictions.

Key Takeaways

  • Defines legal use and control of property.
  • Includes use, transfer, and exclusion rights.
  • Can be full (freehold) or limited (leasehold).
  • May be modified by law or agreement.
  • Core to all real estate ownership.

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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