Is the Cowichan land title ruling affecting property appraisals?

Another potential issue is emerging from the controversial Cowichan land title ruling regarding properties in parts of Richmond.

Some B.C. appraisers tell Global News that they are getting a lot of questions about the Cowichan ruling and because of that, they are starting to make it more visible in their appraisals of properties in the affected areas.

“We assume as appraisers that the properties are free and clear and unencumbered, so a free and clear and unencumbered title means that is the basis of the appraiser’s report, so really what the appraisers are doing is just taking that clause, highlighting it, and bringing it forward in the appraisal so that it’s easier to see and highlighting it for the reader to see it,” Leigh Walker, with Lawrenson Walker Real Estate Appraisers, said.

He added that they are putting on their assessments a variation of: “We assume the subject property is not subject to a land claim and they are valued as if unencumbered.”

2:23 Ontario company cites Cowichan ruling for pulling out of hotel sale

The federal and provincial governments are appealing the B.C. Supreme Court’s ruling in favour of the Quw’utsun Nation, or Cowichan Nation, that found it had “established Aboriginal title” to more than 5.7 square kilometres of land on the Fraser River in Richmond, south of Vancouver.

Get breaking National news

Get breaking Canada news delivered to your inbox as it happens so you won't miss a trending story.

Sign up for breaking National newsletter Get Started

By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy.

The City of Richmond has also joined the appeal.

The ruling declared Crown and city titles on the land are “defective and invalid,” and the granting of private titles on it by the government unjustifiably infringed on the Cowichan title.

That has created confusion and anger among homeowners in the affected area, despite the Cowichan Tribes insisting it has no intention of stripping private title holders of their property.

It appears that not a single property has sold in the affected area this year.

“We get questions from buyers saying, ‘Where should I buy or where should I not buy,’ and trying to determine that is impossible, where the next land claim might pop up or which areas might be impacted,” Steve Saretsky, a realtor with Oakwyn Realty, said.