Kitsumkalum Agreement-in-Principle
18.
If Canada and British Columbia consent to the removal of a parcel of land from Kitsumkalum
Lands then, upon receipt by Kitsumkalum of Canada and British Columbia’s written consent:
a)
Kitsumkalum will register the parcel of land in the Land Title Office, if it is not
registered;
b)
the parcel will cease to be Kitsumkalum Lands; and
c)
Appendix B will be amended in accordance with the process set out in the General
Provisions Chapter.
19.
All methods of acquiring a right in or over land by prescription or by adverse possession,
including the common law doctrine of prescription and the doctrine of the lost modern grant, are
abolished in respect of Kitsumkalum Lands.
20.
If, at any time, any parcel of Kitsumkalum Lands, or any estate or interest in a parcel of
Kitsumkalum Lands, finally escheats to the Crown, the Crown will transfer, at no charge, that
parcel, estate or interest to Kitsumkalum.
21.
Before the Final Agreement, the Parties will negotiate provisions regarding the granting of
security instruments and enforcement of creditor’s remedies for Kitsumkalum Lands not
registered in the Land Title Office.
Exterior Boundary Surveys
22.
Before the Final Agreement, the Parties will determine the need for any exterior boundary
surveys of Kitsumkalum Lands, and the timing, order and priority of any such surveys. Canada
and British Columbia will, as agreed between them, pay the costs of any such exterior boundary
surveys of Kitsumkalum Lands.
Cost of Surveys
23.
Unless otherwise agreed by the Parties, neither Canada nor British Columbia is responsible for
the costs associated with the survey, registration and transfer of any parcel of land acquired by
Kitsumkalum following the Effective Date.
Interests
24.
On the Effective Date, title to Kitsumkalum Lands will be free and clear of all interests, except:
a)
interests on Former Kitsumkalum Indian Reserves to be replaced on the Effective Date
as set out in Appendix C-1;
b)
Rights of Way in favour of BC Hydro, substantially in the form set out in Appendix C-2,
in respect of the existing BC Hydro Line and the proposed NTL Project located on
Kitsumkalum Lands, which shall be registered in priority to other charges as hereinafter
provided;
c)
interests on former provincial Crown land to be replaced on the Effective Date as set out
in Appendix C-2;
d)
interests to continue in accordance with Provincial Law as set out in Appendix C-3; and
e)
interests to be granted or issued by Kitsumkalum on the Effective Date as set out in
Appendix C-4.
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