What is the meaning of “land” in the Musqueam lease agreement?
Canada (Federal), Canada
The following excerpt is from Musqueam Indian Band v. Glass, [2000] 2 SCR 633, 2000 SCC 52 (CanLII):
36 Unless the parties specify otherwise, the meanings of “land” and of “value” are well established in law. When land is sold, “land” refers to “a right to receive a good title in fee simple” unless the agreement states otherwise (Ball v. Gutschenritter, 1924 CanLII 40 (SCC), [1925] S.C.R. 68, at p. 71). “Land” is not given a special meaning in the Musqueam leases; in particular, it is not defined as a 99-year leasehold interest in the property under the lease.
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