Quick Reference Guide to Land Transactions
Indian Act

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What to Include in a Joint Tenancy Agreement

The Joint Tenancy Joint Tenancy is a form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint Tenancy does not apply to reserves in the Province of Quebec with the exception of Akwesasne Indian Reserve No. 15. Agreement Form will require the following information:

Names of the individuals to be included in the Join Tenancy Agreement, including:
- Band number
- Reserve A tract of land, the legal title to which is vested in Her Majesty that has been set apart for the use and benefit of a Band/First Nation. Name
Legal Land Description A description by which property can be definitely located by a reference to surveys or approved recorded plans within a system set up by law or approved by law.
Applicant The person who applies to have a document registered in the ILRS Names, and signature of all individuals entering into the Joint Tenancy Agreement

Legal Disclaimer

This Guide is provided for resource and information purposes related to general practices. It is not intended to form the basis for legal advice of any kind and should not be relied upon in that respect. If your First Nation has their own processes, which differ from those identified within this Guide, use whichever practice works best for your First Nation unless directed otherwise by Indigenous Services Canada (ISC). All submissions for registration should be proof-read for accuracy to avoid unnecessary processing delays.This Guide is not meant to replace the Indian Lands Registration Manual or Land Management Manual, but to enhance the understanding of the functions commonly used within them by providing best practices and examples used in Ontario First Nations lands departments.At the time of publication, the most up to date forms and documents were used. For greater certainty please refer to the Lands Management Manual, the Indian Lands Registration Manual, the Framework Agreement on First Nation Land Management, your First Nations Land Code, or contact your appropriate Indigenous Services Canada Regional Office.This document was last updated on 05 June 2024. For details about changes from earlier releases, see Version History.

Copyright Statement

Copyright © 2024 by the Ontario Aboriginal Lands Association (OALA). All rights reserved. This guide or any part thereof may not be reproduced, distributed without the express written permission of OALA. This guide is intended use for Ontario Land Managers, and are not to be used, duplicated, or shared for profit.

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