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REAL ESTATE The landmine of land claims BY KEV IN MARRON to practise real estate law. More than two years of protests, blockades, and occupations over land claims by members of the Six Nations have made this previously fast-growing community about as attractive to developers and new homebuyers as Florida swamp land. It's a situation that's particularly frustrat- C ing for lawyers because the normal rules of land title and professional standards of due diligence are rendered irrelevant by claims based on ancient treaties and extra-legal tactics that are intimidating governments and handcuffing police. "There's no law without remedy and the ale donia, Ont., is not a good place OPP. He says the OPP takes the view that the Six Nations protesters have "colour of right," insofar as they do have a claim to the prop- erty they have been occupying, and the role of the police is to keep Native claims based on ancient treaties can make the practice of real estate law in some places very tricky. [Ontario Provincial Police] will not remove people," says Hamilton, Ont. lawyer John Findlay, a partner with Findlay McCarthy LLP, who is representing Caledonia business people and property owners in a class action suit against the 18 JULY 2008 www. C ANADIAN Law ye rmag.com the peace, not to determine the validity of a title claim. This puts local real estate lawyers in an almost impossible position, according to Caledonia lawyer Ralph Benedict, whose clients include Henco Industries Ltd., devel- oper of the Douglas Creek Estates subdivi- sion, scene of the occupation and blockade by supporters of the Six Nations Confed- eracy. The province eventually compensat- ed Henco by purchasing the property, but other neighbouring property owners are still suffering as a result of the protests, says Benedict. "We're doing everything by the book," he says. "The properties are properly registered. The Crown grants are properly researched. ILLUSTRATION: PETER FERGUSON