BILL NO. 95

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Local Bill

Lunenburg Common Lands Act
(amended)

Michael Baker
Lunenburg

First Reading: April 7, 1999

Second Reading: May 20, 1999

Third Reading: June 14, 1999

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 District of Lunenburg before, on or after the seventh day of April, 1999, 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 seventh day of April, 1999, 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 seventh day of April, 1999; and

(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 seventh day of April, 1999.