Cowichan Land Title Decision Explained: What Richmond, BC Homeowners Need to Know
Photo courtesy of cbc.ca
In August 2025, a BC Supreme Court ruling involving the Cowichan Nation raised major questions for Richmond homeowners, lenders, and anyone thinking about buying or selling in the southeast part of the city. Headlines have been dramatic — but the facts tell a more balanced story.
This blog breaks down what happened, how governments and First Nations are responding, and what homeowners should do next, with references to primary sources and legal commentary.
Who’s Writing This & Why It Matters
My name is Chris Dinnell, and I’m a REALTOR® in Richmond, BC.
This blog is designed to give residents a clear, factual overview of the Cowichan land title ruling.
Disclaimer: This is informational only. For legal or financial advice, speak with a qualified lawyer or lender.
What Actually Happened (in Plain English)
On August 7, 2025, the BC Supreme Court issued its decision in Cowichan Tribes v. Canada, recognizing Aboriginal title to roughly 732–800 acres in southeast Richmond along the Fraser River (MLT Aikins, 2025¹).
This area, historically known as Tl’uqtinus, was a major Cowichan settlement and fishing site (City of Richmond, 2025²).
The court also confirmed the Cowichan Nation’s Aboriginal right to fish for food in this part of the Fraser River (MLT Aikins, 2025¹).
Does This Affect Existing Land Titles?
The ruling confirmed two crucial points:
1. Aboriginal title is “prior and superior.”
This means Aboriginal title predates and constitutionally outweighs fee-simple interests.
2. Some government-held fee-simple titles in the area are invalid.
The decision declared that the fee-simple titles held by Canada, the City of Richmond, and the Port Authority within the title area are defective, but suspended this declaration for 18 months to allow negotiations (Mandell Pinder LLP, 2025³).
What about private homeowners?
According to First Peoples Law (2025⁴):
The case did not seek to displace private landowners.
Private fee-simple titles were not the target of the claim.
Aboriginal title and private property can coexist, similar to the Haida title agreement.
This is where confusion often arises — private homeowners are not losing their homes, but the ruling raises long-term policy questions.
How the City of Richmond Responded
The City of Richmond strongly disagreed with the ruling.
On September 4, 2025, the City filed a Notice of Appeal, stating the decision threatens the certainty of land titles across BC (City of Richmond, 2025⁵).
Mayor Malcolm Brodie said the ruling “compromises the entire land title system” (City of Richmond, 2025⁵).
Other parties appealing or involved include:
Province of British Columbia
Government of Canada
Vancouver Fraser Port Authority
Musqueam First Nation
Tsawwassen First Nation (musqueam.bc.ca, 2025⁶)
This issue is now moving into a lengthy appeals process.
What the City Is Doing Locally
Beginning in October 2025, the City hand-delivered “Notice to Registered Owner” letters to approx. 150 households, warning of potential impacts and inviting them to an information session (City of Richmond, 2025⁷).
On October 28, 2025, hundreds of residents attended a public meeting at the Sheraton Vancouver Airport Hotel. News reports described it as tense, emotional, and standing-room-only (Global News, 2025⁸).
The City has published:
briefing packages
maps
FAQs
legal summaries
a dedicated inquiry email
Residents are encouraged to review these materials, keeping in mind they represent only one perspective.
What Cowichan & Other First Nations Are Saying
Cowichan leaders emphasize that the case is about correcting the unlawful taking of their ancestral village lands (Squamish Nation commentary, 2025⁹).
According to Indigenous legal experts (First Peoples Law, 2025⁴):
Aboriginal title does not automatically invalidate private titles
Fee-simple grants never extinguished Aboriginal title
Private homeowners were not the subject of the remedy sought
Musqueam First Nation, however, expressed concern that the decision affects their own territorial rights, highlighting overlapping claims in the Fraser River area (musqueam.bc.ca, 2025⁶).
This dynamic — Cowichan celebrating, others objecting — helps explain why the situation is so complex.
Can You Still Buy, Sell, or Get a Mortgage?
According to the Province of BC, there is “no change to property sale procedures”, and homeowners should still be able to:
buy
sell
refinance
obtain mortgages
(Global News, 2025⁸)
However, some lenders are taking a cautious approach until the appeals process provides more clarity. News outlets have reported refinancing delays and added due diligence (Global News, 2025⁸).
Lender-side legal commentary notes that anytime ownership is uncertain, financial institutions may adjust risk assessments or require additional review (BD&P Law Firm, 2025¹⁰).
Bottom line:
Yes — you can still buy, sell, and get financing.
But if you’re in the affected area, talk to your lender early.
How Could This Affect Richmond Real Estate Long-Term?
Legal and economic analysts consider this ruling a landmark — possibly even an “earthquake” — for BC’s land title system (Osler LLP, 2025¹¹; Mulligan Defence Lawyers, 2025¹²).
Potential impacts include:
1. Short-term uncertainty in the affected zone
Buyers and lenders may pause until the appeals process moves forward.
2. New models for coexisting land interests
The court directed governments to negotiate frameworks to reconcile Aboriginal title with private and commercial interests — potentially including:
revenue-sharing
co-management
long-term leases
compensation structures
(Mandell Pinder LLP, 2025³; First Peoples Law, 2025⁴)
3. More Aboriginal title litigation in BC
Because most of BC remains unceded territory, other Nations may pursue similar cases (Fraser Institute, 2025¹³).
4. Market sentiment shifts
Some buyers may avoid the area; others may see opportunity.
The long-term outcome is uncertain.
Anyone claiming they "know exactly what will happen" is speculating.
What Homeowners & Buyers Should Do Now
Here are some practical steps:
1. Check if you’re in the affected area
The City of Richmond has published detailed maps and documents (City of Richmond, 2025⁷).
2. Consult a real estate lawyer
They can explain how the decision applies to your specific property.
3. Speak with your lender or mortgage broker early
Don’t wait for a surprise on completion day.
4. Follow updates on the appeals
This will evolve over months and years.
5. Stay grounded in facts
Legal experts emphasize:
private ownership is not being erased
nobody is being evicted
the appeal and negotiation process will shape the long-term path
(Global News, 2025⁸; First Peoples Law, 2025⁴)
Final Thoughts
This ruling brings together themes of reconciliation, Indigenous rights, and the foundations of land ownership in BC. Richmond residents are understandably anxious — but clear information and professional advice go a long way.
If you’d like help understanding how this may affect your property or connecting with a lawyer or mortgage expert, I’m here to help.
— Chris Dinnell
Living in Richmond, BC
References
MLT Aikins LLP (2025). BC Supreme Court Recognizes Cowichan Aboriginal Title.
City of Richmond (2025). Cowichan Decision: Overview & Map Resources.
Mandell Pinder LLP (2025). Legal Summary of Cowichan Title Decision.
First Peoples Law (2025). Explainer: Aboriginal Title & Private Property Coexistence.
City of Richmond (2025). Notice of Appeal & City Statements.
Musqueam Indian Band (2025). Public Communications on Cowichan Decision.
City of Richmond (2025). Homeowner Briefings & “Notice to Registered Owner.”
Global News (2025). Residents React to Cowichan Land Title Ruling; Mortgage Questions Raised.
Squamish Nation / Indigenous Commentary (2025). Perspectives on Title Recognition.
BD&P Law Firm (2025). Lender Implications of Aboriginal Title Cases.
Osler, Hoskin & Harcourt LLP (2025). Analysis: Urban Aboriginal Title Precedent.
Mulligan Defence Lawyers (2025). Commentary on Impacts to BC Land Title System.
Fraser Institute (2025).Policy Outlook: Aboriginal Title Cases in
