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Properties FAQ's

Frequently Asked Questions (FAQ's)

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Can I use the trail for snowmobiling?
The trail is leased to the PEI Snowmobiling Association from December 1 to March 31 each season. In order to access the trails, snowmobiler's must purchase a trail permit from the Association. For more information contact Ian MacRae.
 
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Can I use the Trail to access my property by motor vehicle?
No. You must contact the Provincial Properties Section to obtain the necessary permission to use the trail either for access along the trail or to establish a crossing of the trail for any purpose.  For more information contact Ian MacRae.
 
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Do I, as a farmer, need permission to cross the trail with farm implements if I own land on both sides?
No. You do not need permission to use your existing farm crossings. Permission is required to establish new farm crossings. For more information contact Ian MacRae.
 
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How wide is the Confederation Trail?
In most areas the trail corridor is 66 feet wide. In certain areas especially the old Murray River Harbor Line it can be as wide as 100 feet. Please contact the Provincial Properties Section if you are unsure of the width before undertaking any work in the vicinity of the trail. For more information contact Ian MacRae.
 
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Can I ride the Trail with my all terrain vehicle (ATV)?
No. ATV,s are not permitted on the trail. The nature of these vehicle's with their aggressive tire tread design cause damage to the trail surface and are therefore banned from the Confederation Trail. For more information contact Ian MacRae.
 
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Are Provincial Properties open for public use?
No. Provincial lands cannot be used other than for traditional uses such as hiking sightseeing bird watching fishing etc. Any extended occupation or commercial use must be licensed or leased. For more information contact Glen Moriarity.
 
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Why do I need to provide the Government of Prince Edward Island with liability insurance.
The liability insurance coverage required by Government of Prince Edward Island is to protect the lessee and the taxpayer from claims for damages brought about as a result of the lessee's occupancy of the land. For example a person falls on a trail developed by ABC Corp and breaks a leg. The victim could be in a position to sue both the ABC Corp. as the developer and the Province as owner of the land. For more information contact Glen Moriarity.
 
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Can I lease to own land?
Not as a rule. However in the event the land you are leasing was deemed surplus to the needs of the Province it may be offered to you as leaseholder first, at market value, before it was offered at public tender. For more information contact Glen Moriarity.
 
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Can I lease forest land to supply my firewood?
As a rule forest lands are not leased for management purposes. These activities are carried out by the Department of Agriculture, Fisheries, Aquaculture and Forestry as part of their mandate. For more information click here or contact Glen Moriarity.
 
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Can I buy a piece of land from the Province to build a house on?
No the Province as a rule does not subdivide residential lots from its holdings. For more information contact John S. Gallant.
 
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Can I buy a piece of land from the Province to put my business on?
Generally not. However the Minister and or Executive Council have discretionary powers and your request may be considered if your proposal has a significant benefit to the public, creates jobs, will stimulate economic growth or will provide a public service. For more information contact John S. Gallant.
 
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Is there a reserve bid when assets are put up for sale?
Generally not however the Minister and or Executive Council reserve the right not to accept the highest or any tender submitted. For more information contact John S. Gallant.
 
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If I buy a piece of land from the Government am I guaranteed there are no liens or encumbrances on the property?
No the Government of Prince Edward Island does not certify title to the properties it sells. The Purchaser must satisfy himself/herself that the property is free of encumbrances. This is generally done by the purchasers attorney who will then supply a certificate of title. For more information contact John S. Gallant.
 
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If I'm buying a piece of land from the government am I still bound to adhere to all statues, regulations and permitting procedures?
Yes. You must meet all the requirements at law you would need to meet as if you were buying a piece of land held by a private individual. For more information contact John S. Gallant.
 
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Do I need an attorney to act for me if I'm buying a piece of land or a building from the Province?
No it is not a requirement of the Province that you have an attorney act for you. It is however recommended. You will need a certificate of title form an attorney if you intend to finance the purchase. For more information contact John S. Gallant.
 
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Can my non profit community group buy a piece of land for a dollar for community development projects?
These types of requests are reviewed on any individual basis. The Provincial Properties Section will call on other Departments with expertise to review the proposed projects and provide recommendations to the Minister/Executive Council. If granted the property, expect to have a reversionary clause in the deed stating the property will revert to the Province for one dollar if you no longer require or want the land or your enterprise discontinues operations. For more information contact John S. Gallant.
 
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Would the Province be interested in purchasing my property?
If the land you wish to convey falls into one of the categories as listed the Government of PEI could be interested in having the opportunity to review your offer. For more information contact Carol Craswell.
 
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What is the process to sell my property to the Province?
You should contact the Provincial Properties Section with your offer to sell. The assigned property agent will collect the required information and submit your offer to the Provincial Land Review Subcommittee. This committee is composed of representatives from the various resource Departments. The committee will review your offer and reach a decision on the interest of the Province in acquiring your property. If an interest is shown and depending on the availability of funding you would then enter specific negotiations with the property agent to determine, price, conditions etc,. Assuming a mutually agreeable arrangement is reached the agent will then present the proposed acquisition to Treasury Board for a final decision on wether or not the Province will acquire your property. For more information contact Carol Craswell.
 
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How much do you pay for Resource Lands?
The Province pays market value for resource lands. The value is determined by internal or independent appraisal, employing standard valuation techniques. For more information contact Carol Craswell.
 
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Do I need an attorney to Act for me?
The Province will only insist you have an attorney act for you if there are encumbrances on the property ie, a mortgage, title problems, liens or judgments which would need to be satisfied prior to the closing date. For more information contact Carol Craswell.
 
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Can I donate land to the Province?
The Province of Prince Edward Island will accept the donation of land from private landowners. The lands that the province is willing to accept have to be identified as priority lands that complement the province's existing land holdings and/or complement the Province's land management programs. For more information contact Carol Craswell.
 
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Is the Minister of Transportation and Public Works as title holder exempt from planning regulations, environmental regulations etc. ?
No the Minister of Transportation and Public Works as legal title holder of Provincial Lands is subject to all statutes and regulations unless specifically exempted in those Acts and regulations. Therefore when dealing with the Provincial Properties Section expect us to need to acquire things such as surveys, subdivision approval, entrance way permits, environmental permits , etc all things which apply in private land transactions. For more information contact Carol Craswell.
 
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Can the Government take my land for a road if I don't want to sell it?
The Province of Prince Edward Island does have the power of expropriation governed by the Expropriation Act RSPEI Cap E-13.  . The Province however prefers to negotiate in good faith for lands required for road construction. For more information contact Leo Creamer.
 
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What does Government pay for the lands it requires?
The Province pays market value of the land required. The value is determined by internal or independent appraisal, employing standard valuation techniques. For more information contact Leo Creamer.
 
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How does the process work?
Because of our short construction season time is usually of the essence in any construction project Generally, the landowner would be asked to enter into a purchase and sale agreement based on an estimate of the land required as determined by preliminary design . This agreement would allow the project to proceed. Final Land Area and Payment is determined by the legal survey. For more information contact Leo Creamer.
 
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Does the Province buy land for the Public Road system outside a specific construction project?
The Highways Division will review any offer of private lands outside a specific construction project. In general the offer is reviewed on the basis of future considerations, or the impact on safety and or integrity of the public roads system. Each offer to sell land to the Province is reviewed on an individual basis. For more information contact Leo Creamer.
 
* Last updated November 18, 2004

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