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REAL ESTATE of potential claims, she says, "real estate lawyers should consider whether to in- dicate in their reporting letter that there is no comprehensive method of determin- ing the existence of aboriginal land claims and that the property may be subject to such claims." While land claims $7,000. The only catch is that this group was established by the confederacy, the traditional hereditary ruling body of the or occupations. Thuan suggests that clients purchasing typically involve liti- gation or negotiation between the aboriginal group and the federal government, Matthews notes that mining com- panies and other prop- erty owners in British Columbia often enter into impacts and benefits agree- ments with native bands that will allow their project to proceed. In the Caledonia area, a group called the Haudenosaunee Development Institute is offering to enter into agreements with developers, typically for a fee of between $5,000 and property may be subject to such claims." — ANNIE THUAN, LANG MICHENER LLP TPCanadianLawyer 8/16/06 2:43 PM Page 3 Six Nations, rather than by the elected band council, the only ruling body rec- ognized by the province. Nevertheless, Thuan notes, some developers are pay- ing the development fee because, from a practical perspective, it may be worth paying that amount for the assurance that there won't be protests, blockades, "[R]eal estate lawyers should consider whether to indicate in their reporting letter that there is no comprehensive method of determining the existence of aboriginal land claims and that the properties in areas such as Caledonia could protect themselves by getting the vendor to assume some of the risks. "From our point of view, it's about assisting our cli- ent to get the deal done. Where the property is situated in an area with the potential for block- ades or occupations, a possible approach would be to negotiate certain terms and indemni- ties such as the right to resell the land back to the vendor in the event of any protests or oc- cupations or obtain an indemnity for in- creased development costs incurred as a result of the protests and/or occupa- tions." Kevin Marron can be reached at kevin@ kevinmarron.com YOUR CLIENTS JUST BOUGHT A HOME WITH A DREAM KITCHEN. Protect your clients. Recommend TitlePLUS® title insurance.* TitlePLUS title insurance and you, together we make real estate real simple. Visit titleplus.ca or call 1-800-410-1013 for more information. * Underwritten by Lawyers' Professional Indemnity Company (LAWPRO® ). Contact LAWPRO for brokers in Manitoba, Saskatchewan and Alberta. ® Registered trademark of Lawyers' Professional Indemnity Company. Canadian Lawyer – Pub date: August 28 (Due Date: Aug 16) www. C ANADIAN Law ye rmag.com JULY 2008 21 T oo bad it hasn' t been paid for .