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BILL NO. 18
Local Bill
6th Session, 56th General Assembly
Nova Scotia
46 Elizabeth II, 1997
An Act to Amend Chapter 72
of the Acts of 1897,
the Lunenburg Common Lands Act
Lila O'Connor
Lunenburg
Halifax
Printed by Queens Printer for Nova Scotia
An Act to Amend Chapter 72
of the Acts of 1897,
the Lunenburg Common Lands Act
Be it enacted by the Governor and Assembly as follows:
1 Section 13 of Chapter 72 of the Acts of 1897, the
Lunenburg Common Lands Act, as enacted by Chapter 10 of
the Acts of 1997, is amended by adding immediately after
subsection (1) the following subsection:
(2) Possession, occupation or use of that portion of the
common lands, or any part thereof, that was, pursuant to
this Act, immediately before the coming into force of this
subsection, under the control and management of the
Council of the Municipality of the County of Lunenburg
before, on or after the ninth day of December, 1997, does
not give to any person any estate, right, title or interest
therein as against those persons who, pursuant to this Act,
have the control and management of the lands, unless the
estate, right, title or interest arose before the ninth day of
December, 1997, and, for greater certainty,
(a) notwithstanding the Limitation of Actions Act, that Act
does not bar the right of persons who, pursuant to this Act,
have the control and management of the lands, to make, at
any time, an entry on the lands or distress with respect to
the lands, or to bring, at any time, an action or proceeding
to recover the lands or rent therefrom unless the right was
barred by that Act before the ninth day of December, 1997;
(b) no claim may be made by prescription to any way or
easement in, on or over any of the lands against those
persons who, pursuant to this Act, have the control and
management of the lands unless the way or easement
existed before the ninth day of December, 1997.
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