Parker Cove
Understanding Land Tenure at Parker Cove: A Positive Perspective
At Parker Cove, we cherish a unique and enriching living experience on the traditional lands of the Okanagan Indian Band (OKIB). This distinctive arrangement is rooted in specific land tenure structures that have evolved over generations. Here's an overview to clarify the nature of land ownership and leasing within our community:
1. Historical Foundations and Lawful Possession
The land encompassing Parker Cove has been under the stewardship of the Parker-Bonneau family for several generations, predating significant legislative changes in Canadian law. Historically, Indigenous individuals were granted Location Tickets under statutes like The Indian Act, 1880, acknowledging their right to occupy and use specific parcels within reserve lands. With the amendments introduced in the 1951 Indian Act, these Location Tickets were recognized as Certificates of Possession (CPs), affirming the lawful possession of the land by their holders. Specifically, Section 20(3) of the Indian Act states that any person who, on September 4, 1951, held a valid and subsisting Location Ticket is deemed to hold a Certificate of Possession for that land.
This legal recognition underscores the enduring and legitimate connection of the Parker-Bonneau family to the lands of Parker Cove, highlighting a legacy of stewardship and care that continues to this day.
2. The Head Lease: Bridging Communities
To facilitate harmonious living arrangements with non-Band members, the Parker-Bonneau family as CP Holders, in collaboration with the OKIB, has established a Head Lease agreement. This overarching lease permits the development and use of the land by non-Band members for a specified period, typically up to 49 years. The Head Lease outlines the terms and responsibilities, ensuring that the land's use aligns with the community's values and legal requirements.
3. Subleases: Your Home at Parker Cove
As a resident, your property interest is defined through a Sublease, which stems from the Head Lease. This Sublease grants you specific rights and responsibilities concerning your lot, including construction, maintenance, and community engagement. It's essential to recognize that while the Sublease provides substantial rights to use and enjoy the property, it operates within the parameters set by the Head Lease and, by extension, the Indian Act.
4. Duration and Renewal
Subleases are typically structured to align with the term of the Head Lease.
The last dated extension of the Head Lease being until January 31st, 2056, and being registered on the day of March 11, 2008 within the Indian Lands Registry System.
As the end of the lease term approaches, discussions about renewal or extension involve the OKIB, the CP holders, and relevant governmental bodies. These discussions aim to balance the interests of all parties, ensuring the community's continuity and respect for the land's cultural significance.
5. Embracing Our Unique Community
Living at Parker Cove means being part of a community that respects and honors the traditions and legal frameworks of the OKIB. This unique land tenure system fosters a rich cultural environment, offering residents the opportunity to engage with and learn from Indigenous heritage while enjoying the comforts of modern living.
Conclusion
Understanding the land tenure system at Parker Cove enriches our appreciation of this special place. It highlights the collaborative efforts that make our community vibrant and harmonious. For more detailed information or specific inquiries about your Sublease, please refer to your lease documents or contact the Parker Cove administration.