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Canada’s $1 Billion Question: Do Property Rights Still Exist in British Columbia? | Vipal Monga

By Vipal Monga | Photography by Alana Paterson for Wallstreet Journal

Dec. 21, 2025 – British Columbia’s Supreme Court has ruled that a group of indigenous tribes, the Cowichan Nation, has a “senior and prior” right to private land on a roughly 730-acre tract.

RICHMOND, British Columbia—Harry Hogler has a deep attachment to his land. He grew up a farmer, and when he founded a golf course here 30 years ago, his favorite part was moving dirt around what had once been a peat bog.

In October, Hogler received the shock of a lifetime: He is going to have to share ownership of his land. 

British Columbia’s Supreme Court had ruled that a group of indigenous tribes, the Cowichan Nation, has a “senior and prior” right to private land on a roughly 730-acre tract in Richmond, including his Country Meadows Golf Course.

The court order could leave private property in 95% of British Columbia vulnerable to claims from indigenous groups that have been seeking to reclaim ownership of land taken from them scores of years ago, said government officials and property lawyers.

“I feel like I don’t have title here anymore,” said Hogler, 80 years old, who moved from communist Slovenia decades ago. “There was no warning.”

The ruling has roiled the wealthy districts of the greater Vancouver area, one of the most expensive real-estate markets in the world. Its scope has shocked businesses, homeowners and community leaders, who fear that it nullifies the principle of “indefeasible title,” the legal term for absolute certainty of land ownership, setting a precedent that threatens billions in real-estate investment.

Read online at Wallstreet Journal: https://www.wsj.com/world/americas/canadas-1-billion-question-do-property-rights-still-exist-in-british-columbia-6e38df2a

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