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A new land registration system is in effect in many Nova Scotia counties, and will be implemented across all of Nova Scotia by March 1, 2005. Here’s information on what you need to know about the system, how the changes affect your lawyer’s role and responsibilities, and what the changes mean for people selling property.
Before the implementation of the land registration system, every time a property was sold or mortgaged, a full historic title search was conducted. A lawyer reviewed the title search results and it was their professional judgment and knowledge of the law that determined whether there were any title issues to resolve.
Now, when your lawyer converts your property to the land registration system, this historic title search will be performed one last time. Any outstanding title issues will be addressed and your lawyer will then certify title of your property to the government. Once the property is in the system, this step will never be required again.
If you plan to sell a property, convert it to the new system as soon as practical to avoid last minute problems and delays – the process takes time and parts of the process cannot be rushed.
Before you see your lawyer, gather your deed and plans for the property you intend to convert. If your deed describes your property in relation to the names of neighbouring owners, sketch your property noting the names of your current neighbours. When you see your lawyer, you will have to confirm that the map of your property in the provincial property mapping system matches the legal description of your property. Be prepared to show your lawyer where your property is in relation to a fixed point, like the corner of two roads, and to confirm its size and shape. If anyone is using or occupying any part of your land without your consent, write down the details for your lawyer, as you will be required to confirm, in an affidavit, the particulars of any such non-consensual possession.
Review and Approval of your Legal Description:
Your lawyer will review the legal description of your land (attached to your deed) to ensure it accurately describes what you own today. Using the information you provide, your lawyer will check the provincial mapping system to identify the exact parcel identification number (“PID”) for your property. As well, easements, access to your land, and any restrictions on your use of the land will be reviewed. Your lawyer will then include the relevant information on an electronic form and submit it to the mapping staff at the Land Registration Office. The mappers review the submitted description and when they are satisfied the land can be located on the electronic map they certify the match between the description and the parcel identification number (“PID”).
Certifying Title to Your Property:
All interests in your property are identified and dealt with by your lawyer before he or she certifies to the government that you are the owner of the property. Your lawyer will exercise professional judgment to assess the type and extent of the interests and the impact they may have on your property.
It is important to have identified all of the interests that affect a parcel as this will be the last historic title search conducted for your property.
Once this work is complete, your land will be registered in the land registration system. The legal work and professional judgment exercised by your lawyer to convert your land into the new system will be relied on by you, the government and future generations of owners.
Ask your lawyer to explain the one-time cost of conversion during your first meeting. Conversion will usually be triggered by a sale, mortgage or subdivision transaction. Fees will depend on the resources required for the services you need. These will vary with the complexity of each transaction. Ask what “disbursements” will be, such as photocopying, postage, filing fees and title search fees. If your lawyer cannot predict the exact fee for a particular transaction because it is unusual in some way, do not hesitate to ask how the fee will be determined. In most transactions the lawyer’s fee and disbursements are paid at the conclusion of your property transaction.
Converting a parcel into the land registration system involves preparing forms and consents, a title search in the Land Registration Office, inquiries in other public records, preparing and reviewing the parcel description, registration of the parcel, and submission of documents required by the government. Some of these steps are new to the land registration system.
Conversion requires great care and judgment on the lawyer’s part. The lawyer’s work is subject to government scrutiny and to audit by the Nova Scotia Barristers’ Society. These quality assurance measures are the basis of the government’s guarantee of title to parcels after migration and help to insure that no innocent party will lose his or her interest in a parcel as a result of the conversion.
The Nova Scotia Barristers’ Society, in cooperation with the Nova Scotia Government, has developed a comprehensive education program so that your lawyer is trained in the law, and in the use of land registration software and procedures before being permitted to work in the new system. Your lawyer was also required to train staff and establish new office procedures to reflect the new processes relating to the land registration system.
Each converted property has its own electronic parcel register to show all current registered and recorded interests.
The Nova Scotia government, having received your lawyer’s opinion on title, then guarantees ownership of parcels migrated into the new system.
Registration of parcels under the new system provides certainty of ownership making land transfers in the future more efficient, and less subject to problems which may cause delay or added cost with your transaction.
This information provided by the Nova Scotia Barristers' Society and may be downloaded using the following link:
LRAbrochure.pdf
Barbara MacLellan wrote an article for The Laker newspaper on this subject. Click here to view that article
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