Land Registration Act

CHAPTER 6

OF THE

ACTS OF 2001

amended 2002, c. 19; 2003, c. 7, s. 4; 2004, c. 38; 2006, c. 15, ss. 9, 10

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act to Provide for the
Registration of Title to Land
and to Amend Certain Statutes
Respecting Real Property

Short title

1 This Act may be cited as the Land Registration Act. 2001, c. 6, s. 1.

2 The purpose of this Act is to

(a) provide certainty in ownership of interests in land;

(b) simplify proof of ownership of interests in land;

(d) provide compensation for persons who sustain loss from a failure of the land registration system established by this Act. 2001, c. 6, s. 2.

3 (1) In this Act,

(a) "cancellation" means the administrative process by which the prospective effects of recording and registration are eliminated;

(b) "court" means the Supreme Court of Nova Scotia;

(c) "document" means a writing, a plan, a map or any information in a form that can be converted into a writing, a plan or a map by a machine or a device, and includes information

(ii) in electronic, mechanical or magnetic storage, or

(iii) in electronic data signals;

(d) "holder" means the person who recorded an interest and includes a recorded assignee of the interest and a recorded assignee of the right to have the recording of the interest cancelled, and includes an agent empowered to act for that person;

(e) "injurious affection" has the same meaning as in the Expropriation Act;

(f) "instrument" means every document by which the title to land is changed or affected in any way;

(g) "interest" means any estate or right in, over or under land recognized under law, a prescribed contract or a prescribed statutory designation, including a right or interest under the Canada-Nova Scotia Offshore Petroleum Resources Accord (Nova Scotia) Implementation Act, but excludes any interest under the Gas Storage Exploration Act, the Mineral Resources Act, the Petroleum Resources Act or the Treasure Trove Act;

(h) "law" means the law in force in the Province, including enactments and principles of common law and equity;

(i) "lien" means an interest created by operation of law that secures the payment or other performance of an obligation;

(j) "Minister" means the Minister of Service Nova Scotia and Municipal Relations;

(k) "overriding interest" means an interest referred to in subsection 73(1);

(l) "owner" includes an agent empowered to act for an owner;

(m) "parcel" means any area of land that may be owned in fee simple absolute, and includes a unit as defined by the Condominium Act;

(n) "parcel identification number" means the unique identification number assigned to a parcel;

(o) "person" includes an agent empowered to act for a person;

(p) "prescribed" means prescribed by the regulations;

(q) "qualified solicitor" means a member of the Nova Scotia Barristers' Society entitled to practise law, but does not include a member who is subject to any limitation or restriction on practice imposed pursuant to the Barristers and Solicitors Act that precludes the member from certifying title to land;

(r) "record" means to secure priority of enforcement for an interest by means of entries in a register pursuant to this Act;

(s) "recordable" means capable of being recorded pursuant to this Act;

(t) "register" means the register established pursuant to this Act for a parcel of lands and includes any document incorporated into the register by reference;

(u) "registered owner" means the person shown on the records of the registrar as the owner of a registered interest;

(v) "registrable" means capable of being registered pursuant to this Act;

(w) "registration" means to affect, confer or terminate registered interests by means of entries in a register pursuant to this Act, and includes a revision of a registration;

(x) "registration district" means a registration district established by the Governor in Council pursuant to this Act;

(y) "security interest" means a consensual interest recognized by law that secures the payment of an obligation;

(z) "service" includes regular mail, except as otherwise provided in this Act;

(aa) "servitude" means an interest affecting the use or enjoyment of land created by covenant, condition, easement or implication at law, and includes a utility interest, but does not include a lien or a security interest;

(ab) "subdivision" has the same meaning as in the Municipal Government Act;

(ac) "successor" means a person who acquires an interest, or an interest derived from that interest, directly or through intermediate transactions, from a prior owner of the interest;

(ad) "transaction" means an event or a dealing affecting an interest;

(ae) "utility interest" means an easement or other right in or to use land, in existence before the coming into force of this Act, in favour of a public utility or a municipality, and includes a fee simple interest in land owned by a public utility or a municipality before the coming into force of this Act;

(af) "wrongful act" does not include an act or omission that is only careless or negligent.

(2) In an enactment, in reference to a parcel registered pursuant to this Act,

(a) "registered", "recorded", "deposited" and "filed" mean registered or recorded, as the case may be, pursuant to this Act;

(b) "registrar of deeds" means a registrar appointed pursuant to this Act;

(d) "registry of deeds" or "office of the registrar of deeds" means a land registration office established pursuant to this Act.

(3) Where in an enactment it is provided that an order, judgment, charge or lien may be registered, recorded, deposited or filed in any registry so as to bind or charge any interest in any lands in the county in which it is so registered, recorded, deposited or filed, owned by the named defendant or person against whom the order, judgment, charge or lien is made, whether acquired before or after the registered, recorded, deposited or filed, or has the same effect as a judgment pursuant to the Registry Act, the order, judgment, charge or lien shall be recorded in the judgment roll provided by this Act and shall not be registered pursuant to the Registry Act.

(4) Where an enactment provides that any document creating, removing, transferring or affecting an interest in one or more specific parcels may or shall be registered, recorded, deposited or filed in the registry of deeds and where the parcel that is the subject of the document is registered pursuant to this Act, the document may or shall be registered or recorded, as the case may be, in the parcel register of each of the parcels affected.

(5) Where in an enactment it is provided that any notice or other document may be served upon the registered owner of a parcel, or the person appearing from a search of the records at the registry of deeds to be the owner, and where the parcel is registered pursuant to this Act, the registered owner of the parcel is the person to be served. 2001, c. 6, s. 3; 2002, c. 19, s. 1; 2004, c. 38, s. 1.

4 (1) In this Act, the meaning of "fraud" is subject to this Section.

(2) For the purpose of this Act, the equitable doctrines of "notice" and "constructive notice" are abolished for the purpose of determining whether conduct is fraudulent.

(3) A person who engages in a transaction with the registered owner of an interest that is subject to an interest that is not registered or recorded at the time of the transaction, other than an overriding interest, in the absence of actual knowledge of the interest that is not registered or recorded

(a) may assume without inquiry that the transaction is authorized by the owner of any interest that is not registered or recorded;

(b) may assume without inquiry that the transaction will not prejudice that interest; and

(c) has no duty to ensure the proper application of any assets paid or delivered to the registered owner of the interest that is the subject of the transaction.

(4) A person obtains an interest through fraud if that person, at the time of the transaction,

(a) had actual knowledge of an interest that was not registered or recorded;

(b) had actual knowledge that the transaction was not authorized by the owner of the interest that was not registered or recorded; and

(5) A person does not obtain an interest through fraud if the interest that was not registered or recorded was not enforceable against the person who transferred the interest. 2001, c. 6, s. 4.

5 (1) In subsection (2),

(a) "given name" includes an initial used in the place of a given name; and

(b) an initial and a given name are considered to be commonly used variations of each other only where the initial is the same as the first letter of the given name.

(2) In this Act, there is a material difference in names where

(a) the surnames are not identical;

(b) there is not any given name in one name that is identical to or a commonly used variation of any given name in the other name;

(c) one name contains the same number of given names as the other name but one of the given names in one name is not identical to or a commonly used variation of any of the given names in the other name; or

(d) one name contains fewer given names than the other name but one of the given names in the name with the fewer given names is not identical to or a commonly used variation of any of the given names in the other name. 2001, c. 6, s. 5.

6 (1) repealed 2004, c. 38, s. 2.

(2) Her Majesty in right of the Province is bound by this Act.

(3) This Act applies to any interest vested in Her Majesty in any other right that is within the competence of the Legislature and to any interest that has been subjected to this Act by Her Majesty.

(4) Except as provided in Section 73, a lien in favour of Her Majesty in right of the Province pursuant to an enactment may not be enforced against any parcel registered pursuant to this Act unless the lien is recorded pursuant to this Act.

(5) This Act applies to every interest in Nova Scotia lands as defined in the Canada-Nova Scotia Offshore Petroleum Resources Accord (Nova Scotia) Implementation Act.

(6) For the purpose of this Act, Nova Scotia lands as defined in the Canada-Nova Scotia Offshore Petroleum Resources Accord (Nova Scotia) Implementation Act are deemed to be in the registration district that includes the County of Halifax. 2001, c. 6, s. 6; 2002, c. 19, s. 2; 2004, c. 38, s. 2.

7 (1) The Governor in Council shall establish one or more land registration districts in the Province for the purpose of this Act.

(2) For greater certainty, the Governor in Council may establish additional land registration districts, divide or combine land registration districts and change the boundaries of land registration districts from time to time.

(3) The Minister shall establish and maintain a land registration office in each land registration district.

(4) A land registration office may be combined with a registry of deeds established pursuant to the Registry Act. 2001, c. 6, s. 7.

8 (1) The Minister shall, in accordance with the Civil Service Act, appoint a person to be the Registrar General.

(2) The Registrar General is a member of the public service.

(3) The Registrar General shall

(a) supervise and direct the operation of the land registration offices and the land registration system established pursuant to this Act;

(b) supervise and direct the persons employed in land registration offices in the performance of their duties and exercise of their powers pursuant to this Act;

(d) perform such other duties as are prescribed by this Act or directed by the Minister.

(4) The Registrar General may perform the duties and exercise the powers of a registrar. 2001, c. 6, s. 8; 2002, c. 19, s. 3.

9 (1) A registrar and such deputy registrars and additional employees as may from time to time be required shall be appointed in accordance with the Civil Service Act.

(2) A registrar shall perform the duties and exercise the powers of a registrar imposed or conferred by this Act or the regulations.

(3) Any duty performed or power exercised by a deputy registrar, by a person authorized by the Minister or by one of a prescribed class of persons is deemed to have been performed or exercised by a registrar. 2001, c. 6, s. 9; 2004, c. 38, s. 3.

10 (1) In this Section, "register" includes a roll established pursuant to this Act.

(2) Any person who has paid the prescribed amount may examine any register or document incorporated in a register.

(3) Any person who has paid the prescribed amount shall be furnished with a copy of any register or document incorporated in a register.

(4) Any person who has paid the prescribed amount shall be furnished with a copy of any register or document incorporated in a register certified by a registrar.

(5) A copy of a register or document incorporated in a register appearing to be certified by a registrar is admissible in evidence in any proceeding to the same extent as the original would have been admissible, and is conclusive proof of the facts certified without proof of the signature or official capacity of the person who appears to have signed the certification. 2001, c. 6, s. 10.

11 A registrar shall establish a parcel register for each parcel in the land registration district that is brought under this Act. 2001, c. 6, s. 11.

12 (1) A registrar may establish a utility roll for easements or other rights to use land owned by a utility or a municipality that affect more than ten parcels and are all of the same general effect.

(2) An instrument creating, charging or transferring easements or other rights to use land owned by a utility or municipality may be registered or recorded in a utility roll in lieu of being registered or recorded in each parcel register.

(3) Where a utility roll is established, the utility roll shall be noted in the registers of all the parcels subject to the interests in the utility roll. 2001, c. 6, s. 12; 2002, c. 19, s. 4.

13 (1) A parcel register shall contain the information prescribed in regulations made by the Minister.

(2) A unique document identifier shall be assigned to each document entered in a register.

(3) A reference in a register to a registered or recorded document by its identifier incorporates that document in the register.

(4) An entry in a register is part of the register whether or not it was made under proper authority.

(5) A registrar shall issue a certificate of registered ownership in the prescribed form to the registered owner of a parcel upon payment of the prescribed fee. 2001, c. 6, s. 13; 2002, c. 19, s. 5; 2004, c. 38, s. 4.

14 (1) In this Section, "register" includes a roll established pursuant to this Act.

(2) Registers shall be maintained so as to permit any person examining the register to view and to obtain a copy of any document registered or recorded in the register or incorporated in the register by reference to its identifier. 2001, c. 6, s. 14.

15 A register may include such additional information as the Registrar General thinks expedient. 2001, c. 6, s. 15.

16 The Registrar General is not liable for the accuracy of any information in a register unless specifically provided in this Act or the regulations. 2001, c. 6, s. 16.

17 (1) The following interests may be registered:

(a) a fee simple estate;

(b) a life estate and the remainder interests; and

(2) Where another enactment requires the registration of an interest, and the interest is not registrable pursuant to subsection (1), the interest shall be recorded.

(3) Where another enactment authorizes the registration of an interest, and the interest is not registrable pursuant to subsection (1), the interest may be recorded. 2001, c. 6, s. 17.

18 (1) A registrar shall register an interest on application if

(a) the interest is registrable;

(b) the person who acquired the interest has complied with Part V of the Municipal Government Act;

(d) the interest is transferred by a document effective at law to transfer the interest or by operation of law.

(2) An interest is registered when the identifier assigned to the document accepted for registration is entered in the appropriate register.

(2A) The date and time of registration of an interest is deemed to be the date and time when the document describing the interest was received and indexed by the registrar.

(3) A registration that does not comply with subsection (1) is void.

(4) A document submitted for registration other than a plan of subdivision or a notice of subdivision shall be accompanied by a certificate of a qualified solicitor setting out the legal effect of the document.

(5) Subject to subsection (4), a document submitted for registration without a certificate of legal effect from a qualified solicitor shall not be registered until the Registrar General obtains a certificate of legal effect from a qualified solicitor and the person applying to have the document registered pays the cost of obtaining the certificate.

(6) A registrar is entitled to rely upon the certificate of legal effect or such other information as prescribed in the regulations.

(7) The solicitor who signed the certificate of legal effect is liable to the Registrar General with respect to any negligent error or omission in the certificate of legal effect if the Registrar General has been required to pay compensation pursuant to this Act as a result of the negligent error or omission in the certificate within ten years after the date of the certificate.

(8) A document submitted for registration shall include the parcel identification number of the parcel.

(9) A registrar shall not accept for registration or recording a plan of subdivision, instrument of subdivision or notice of subdivision with respect to a parcel that is not registered pursuant to this Act.

(10) Where a plan of subdivision, instrument of subdivision or notice of subdivision that results in the consolidation of lands is submitted for registration, a registrar shall not accept the document unless the parcel from which any land is taken and the parcel to which any land is added are registered pursuant to this Act.

(11) A registrar shall not accept for registration a deed to a parcel that has been approved for consolidation with another parcel unless the deed contains a legal description of the consolidated parcel and the parcel from which any land is taken and the parcel to which any land is added are both registered pursuant to this Act.

(12) Where an interest has been registered pursuant to this Section, the registrar shall revise the register to show the new owner of the parcel.

(13) Where revision of a registration is requested, the registrar shall either

(a) revise the registration as requested; or

(b) record a notice of request.

(14) Where the registrar refuses to revise the registration as requested, the registrar shall notify the person who requested the revision and advise of the right to apply to the Registrar General for a review of the registrar's decision.

(15) Where the person who requested the revision does not apply to the Registrar General for review of the registrar's decision within thirty days after the refusal, the registrar shall cancel the recording of the notice of request for revision.

(16) Where the Registrar General confirms the registrar's decision, and the person who requested the review does not file a notice of lis pendens within thirty days thereafter, the registrar shall cancel the notice of request for revision. 2001, c. 6, s. 18; 2002, c. 19, s. 6; 2004, c. 38, ss. 5, 26.

19 (1) Where a document is submitted for registration or recording pursuant to this Act, the legal description for the parcel shall be referred to in the manner prescribed in the regulations.

(2) Notwithstanding clause 3(1)(ab), an instrument of subdivision cannot be used for the purpose of describing a parcel that is being registered or amending the legal description of a parcel that is registered pursuant to this Act. 2004, c. 38, s. 6.

19A (1) A person who owns a registered interest in a parcel may grant an easement in the parcel for the benefit of another parcel that the person owns.

(2) The easement continues to exist notwithstanding subsequent vesting of the dominant and servient tenements in the same person absent an express release of the easement. 2004, c. 38, s. 6.

20 (1) The registered owner of a registered interest owns the interest defined in the register in respect of the parcel described in the register, subject to any discrepancy in the location, boundaries or extent of the parcel and subject to the overriding interests

(a) if the interest is registrable; and

(b) to the extent the interest is registrable by law.

(2) The interest defined in the register is a registrable interest subject to any limitations, additions or encumbrances specified when the interest was added to the register or that have been added to the register.

(3) A registered interest shall be enforced with priority over a prior interest where the subsequent interest

(a) was obtained for value;

(b) was obtained without fraud on the part of the owner of the subsequent interest;

(d) was registered at a time when the prior interest was not registered or recorded.

(4) Subsection (1) applies with respect to conflicting interests of successors to the owner of the registered interest.

(5) In this Section,

(a) if a subsequent interest will not be enforced with priority for an owner of that interest because the requirements of subsection (1) have not been satisfied, it will be enforced with priority for a subsequent owner of that interest when the requirements of subsection (1) are first satisfied; and

(b) once an interest is entitled to priority of enforcement, it remains so entitled when acquired by a successor. 2001, c. 6, s. 20.

21 (1) The legal description of a parcel in a register is not conclusive as to the location, boundaries or extent of the parcel.

(2) Provincial mapping is not conclusive as to the location, boundaries or extent of a parcel.

(3) A registration may not be rejected only because the location, boundaries or extent of the parcel appear to overlap the location, boundaries or extent of another parcel.

(4) repealed 2004, c. 38, s. 7.

2001, c. 6, s. 21; 2004, c. 38, ss. 7, 26.

22 (1) Where a person who is the owner of an interest in a parcel changes that person's name, the registrar may register the change of name on the production of

(a) an affidavit verifying the change of name;

(b) any documentation that is required by the registrar; and

(2) A registrar shall not revise a registration to change the ownership of a parcel if the instrument effecting the change is not signed by the registered owner of the parcel in the name in which the parcel is registered unless the instrument contains an affidavit of change of name that complies with this Section.

(3) The registrar shall include any change of name in the judgment roll. 2001, c. 6, s. 22; 2002, c. 19, s. 8.

23 (1) Where an instrument that results in the subdivision of land is accepted for registration, the registrar shall establish a new parcel register for each parcel created or affected by the subdivision.

(2) All registered and recorded interests that appear in the parcel register of the parent parcel shall be placed in the parcel register for the infant parcel.

(3) Any instrument that results in the subdivision of land registered pursuant to this Act shall be submitted for registration. 2001, c. 6, s. 23; 2004, c. 38, s. 8.

24 (1) In this Section, "will" means a will with respect to which probate or administration has been granted.

(2) The registrar of probate shall forward a copy of a will with respect to which probate or administration has been granted, together with any translation obtained by the registrar of probate, to the registrar.

(3) The registrar of probate shall include with each will forwarded to the registrar a list of the parcel identification numbers provided by the executor or administrator with respect to which the deceased owned a registered or recorded interest.

(4) The registrar shall record the will and any translation provided by the registrar of probate in each of the parcel registers identified on the list provided.

(5) A deed from an executor shall not be accepted by a registrar as a direction to revise a registration unless the will is recorded in the register for that parcel and the deed is accompanied by a certificate of a qualified solicitor setting out the legal effect of the document.

(6) A will shall not be accepted by a registrar as a direction to revise a registration unless the registrar is provided with the certificate of a qualified solicitor verifying the interest devised, the parcel devised and the person to whom it was devised.

(7) A registrar shall not accept a will for registration or recording unless probate or administration has been granted with respect to the will. 2001, c. 6, s. 24.

25 (1) Where a registrar of probate grants administration in the case of an intestacy, that registrar shall forward a copy of the grant of administration to the registrar.

(2) The registrar of probate shall include with each grant of administration forwarded to the registrar a list of parcel identification numbers provided by the administrator with respect to which the deceased owned a registered or recorded interest.

(3) The registrar shall record the grant of administration in each of the parcel registers identified on the list provided.

(4) repealed 2002, c. 19, s. 9.

2001, c. 6, s. 25; 2002, c. 19, s. 9.

26 A deed from an administrator shall not be accepted by a registrar as a direction to revise a registration unless the will or petition for administration is recorded in the register for that parcel and the order of the court authorizing the sale is recorded in that register and the deed is accompanied by a certificate of a qualified solicitor setting out the legal effect of the document. 2001, c. 6, s. 26.

27 (1) A registrar shall accept proof of death of a joint tenant as a direction to revise a registration to delete that joint tenant as an owner.

(2) A registrar shall record the proof of death of the joint tenant in the parcel register identified by the applicant.

(3) repealed 2002, c. 19, s. 10.

2001, c. 6, s. 27; 2002, c. 19, s. 10.

28 (1) Where an instrument discloses that a party to the instrument takes an interest in trust, a trustee shall, for the purpose of this Act, be deemed to be the owner of the interest.

(2) The registrar shall revise the registration, if required, to register the interest in the name of the trustee, followed by the words "in trust".

(3) Any conveyance or encumbrance of the interest by the trustee is, for the purpose of this Act, deemed to be in furtherance of the purposes of the trust.

(4) No action of a beneficiary of a trust in which the trustee does not join affects the title held by the trustee. 2001, c. 6, s. 28.

29 A registrar shall accept an instrument evidencing an expropriation of a parcel or part thereof identified by the applicant pursuant to an enactment of Canada or the Province as a direction to revise a registration as to the ownership of the registered interest expropriated and shall register the instrument. 2001, c. 6, s. 29.

30 A registrar shall accept a certified copy of a receiving order or assignment in bankruptcy pursuant to the Bankruptcy and Insolvency Act (Canada) as a direction to revise a registration as to the ownership of any registered interest of the bankrupt specified by the trustee and shall register the order or assignment. 2001, c. 6, s. 30.

31 (1) Where a registered parcel is sold for taxes pursuant to the Municipal Government Act or another enactment of the Province, a certificate that the parcel has been sold for taxes shall be recorded in the parcel register in the manner provided by the enactment pursuant to which the parcel was sold.

(2) Where the parcel is redeemed before a tax deed is delivered to the purchaser at the tax sale, a certificate of discharge or redemption shall be recorded in the parcel register and the registrar shall cancel the recording of the certificate of sale.

(3) On the application of the purchaser of a registered parcel at a tax sale and presentation of the tax deed, the registrar shall revise the registration of the parcel to show the purchaser as the owner of the parcel.

(4) repealed 2004, c. 38, s. 9.

2001, c. 6, s. 31; 2004, c. 38, s. 9.

32 (1) A person who claims to be entitled to be registered as the owner of any registered parcel or the owner of an estate or interest therein

(a) pursuant to a judgment or order of a court;

(b) pursuant to an enactment of Canada or the Province or an order in council;

(d) pursuant to an order, judgment or certificate issued pursuant to the Land Titles Clarification Act or the Quieting Titles Act;

(e) pursuant to any other instrument or proceeding,

where no other provision of this Act provides for the registration of that person as owner of the parcel, interest or estate therein, may file the judgment or appropriate documents evidencing the right to be registered as owner thereof with the registrar who shall register the parcel or record the interest in the case of interests that are not registrable.

(2) A registrar may forward the documents to the Registrar General for an interpretation of whether the documents have the effect contended by the applicant, and that any appeal period has expired.

(3) A registrar or the Registrar General may require the applicant to provide a certificate from a qualified solicitor setting out the legal effect of the documents. 2001, c. 6, s. 32; 2002, c. 19, s. 11.

33 Registered interests shall be rectified under the circumstances and in the manner prescribed in regulations made by the Minister. 2004, c. 38, s. 10.

34 (1) Rectification or revision of a registration preserves the priority of an interest that was obtained by a person as a successor from a registered owner whose interest is or was subject to rectification or revision, where the interest is entitled to priority of enforcement over the interest of a person entitled to require the revision or rectification of the registration according to the register that contained the registration subject to revision or rectification.

(2) A registered owner who sustains loss under this Section shall be compensated as provided by this Act. 2001, c. 6, s. 34.

35 (1) Where the revision of a registration was not authorized by law, and the revision has prejudiced or aggrieved another registered owner, the registered owner, the person prejudiced or aggrieved or the Registrar General may apply to the court for a declaration as to the rights of the parties, orders for rectification of the registrations and a determination of entitlement to compensation, if any.

(2) The Registrar General, the registered owner and the person prejudiced or aggrieved are parties to any proceeding pursuant to this Section.

(3) The court shall determine the rights of the parties according to law, subject to the following principles:

(a) the person prejudiced or aggrieved may have the registration rectified to nullify the extent of the unauthorized revision;

(b) any rectification of the registration shall preserve the interest of a successor; and

(4) Where rectification of the registration cannot fully nullify the effects of the unauthorized revision or where the court determines that it is just and equitable to confirm the unauthorized revision, the court shall determine which of the parties suffered loss by reason of the unauthorized revision and order that any party who suffered loss be compensated as provided by this Act.

(5) In determining whether it is just and equitable to confirm an unauthorized revision, the court shall consider

(a) the nature of the ownership and the use of the parcel by the parties;

(b) the circumstances of the unauthorized revision;

(d) the willingness of any of the parties to receive compensation in lieu of an interest in the parcel;

(e) the ease with which the amount of compensation for a loss may be determined; and

(f) any other circumstances that, in the opinion of the court, are relevant to its determination.

(6) A registered owner is not entitled to compensation or to retention of any of the benefits of an unauthorized revision unless that owner

(a) believed that the revision was authorized by law;

(b) had no knowledge of the facts that made the revision unauthorized; and

(c) gave consideration for the benefits purportedly obtained under, or detrimentally relied upon, the revision of the registration.

(7) Where the Registrar General is satisfied that this Section applies to a revision, the Registrar General may enter into a settlement agreement as provided in this Act with the registered owner or the person prejudiced or aggrieved by the unauthorized revision providing for the payment of compensation and the reasonable expenses incurred in bringing the claim. 2001, c. 6, s. 35; 2002, c. 19, s. 13.

36 (1) Where interests registered in one register appear to conflict with the interests registered in a different register, the priority to be given to one register over the other shall be determined in accordance with the first of the following rules to establish a priority:

(a) Rule 1: where there is actual possession of a parcel under an interest conferring a right to possession, that interest and the interests derived from it shall be enforced with priority;

(b) Rule 2: the interest that was not subject to rectification under this Act when the conflict arose, and the interests derived from it, shall be enforced with priority.

(2) Any owner who sustains loss because another interest and the interests derived from it are enforced with priority under this Section shall be compensated as provided in this Act.

(3) A person does not sustain loss pursuant to this Section if an interest is enforced in priority to the person's interest pursuant to Rule 1 and the possession is apparent to a reasonable person from an inspection of the parcel. 2001, c. 6, s. 36; 2002, c. 19, s. 14.

37 (1) Any person claiming to own a parcel that is not registered pursuant to this Act may apply to the registrar of the district in which the parcel is situated to have the title to the parcel registered pursuant to this Act.

(2) Subject to Section 46, any person who has, for valuable consideration, acquired the ownership of a parcel that is not registered pursuant to this Act shall apply to the registrar of the district in which the parcel is situated to have the title to the parcel registered pursuant to this Act.

(3) A mortgage of a parcel entered into after the coming into force of this subsection, and after the county in which the parcel is situated is designated by the Governor in Council pursuant to subsection 128(2), does not create a security interest in that parcel until title to the parcel is registered and the mortgage is recorded pursuant to this Act.

(4) An application shall be in the prescribed form and shall be accompanied by

(a) the prescribed fee;

(b) an opinion of title certified by a qualified solicitor setting out the ownership of the fee simple and of all other interests in the parcel and direct or indirect right of access to the parcel, if any, from a public street, highway or navigable waterway to the parcel appearing on the face of the record and that the solicitor's opinion is based on an abstract of title;

(ba) a statement of whether and, if so, for what purpose a title insurance policy was issued in respect of the parcel;

(d) repealed 2004, c. 38, s. 11.

(e) evidence of compliance with Part V of the Municipal Government Act;

(f) evidence that Part IX of the Municipal Government Act has been complied with or certification by the qualified solicitor that Part IX does not apply;

(g) the parcel identification number of the parcel certified by the registrar to match the legal description of the parcel; and

(h) such additional information as may be prescribed.

(5) Where the registrar is satisfied that the application is complete and properly identifies the parcel, the registrar shall register the parcel subject to any limitations, additions or encumbrances specified in the opinion of the qualified solicitor.

(6) Where the registrar is not satisfied that the application is complete and properly identifies the parcel, the registrar shall reject the application and return it to the applicant.

(7) Where the registrar cannot locate the parcel, the registrar may require the applicant to provide such further information concerning the size and location of the parcel as will permit the registrar to determine the parcel identification number for the parcel and a geographical representation of the parcel, showing it in relation to neighbouring parcels with reasonable accuracy.

(8) A parcel that cannot be located with reasonable accuracy or for which the legal description does not permit the creation of a geographical representation of the parcel shall not be registered.

(9) The solicitor's opinion of title shall be based upon an abstract of the title certified showing the chain of ownership of the parcel

(a) to the standard required to demonstrate a marketable title pursuant to the Marketable Titles Act or to the standard required pursuant to the Limitation of Actions Act or any other enactment or the common law; or

(b) to such lesser standard as the Registrar General may approve.

(10) repealed 2004, c. 38, s. 11.

(11) A qualified solicitor is liable to the Registrar General with respect to any negligent error or omission in an opinion furnished pursuant to this Section if the Registrar General has, within ten years after the opinion was furnished to the Registrar General, been required to pay compensation pursuant to this Act as a result of the negligent error or omission.

(12) The Registrar General may at any time require the solicitor to produce any information that the solicitor may have relevant to the title with respect to which the opinion was given.

(13) Notwithstanding the Freedom of Information and Protection of Privacy Act, an abstract of title provided pursuant to this Section may only be disclosed by the Registrar General to an insurer of the qualified solicitor who provided it for purposes related to claims, to the Nova Scotia Barristers' Liability Claims Fund for purposes related to claims or to the Nova Scotia Barristers' Society for purposes related to professional competency or discipline. 2001, c. 6, s. 37; 2002, c. 19, s. 15; 2004, c. 38, ss. 11, 26; 2006, c. 15, s. 9.

38 Where any person applies to have an interest registered pursuant to this Act or to have a registration revised to show a new or additional owner, that person shall include in the application a statement as to whether any of the owners of the interest is a non-resident. 2001, c. 6, s. 38.

39 repealed 2004, c. 38, s. 12.

40 (1) For the purpose of this Act, an unreleased security interest in a residential mortgage that is more than forty years old and that has not been amended or supplemented by an instrument registered during the preceding forty years is not an interest in a parcel.

(2) For the purpose of this Act, an unreleased dower interest is not an interest in a parcel.

(3) For the purpose of this Act, an interest that has escheated to Her Majesty from any person other than the immediate predecessor in title of the applicant is not an interest in a parcel.

(3A) For the purpose of this Act, a conditional sales agreement or lease with respect to fixed appliances, furnaces or other heating devices dated more than ten years prior to the date of first registration is not an interest in a parcel.

(4) A person who has an interest referred to in this Section is entitled to compensation if the parcel in which the interest is held is registered pursuant to this Act free of that interest. 2001, c. 6, s. 40; 2002, c. 19, s. 17; 2004, c. 38, s. 13.

41 (1) Where a person acquires title or confirmation of title to an interest in an unregistered parcel by the order of a court, a certificate of title pursuant to the Land Titles Clarification Act or the Quieting Titles Act or by an enactment, and a certified copy of the order, certificate or enactment is filed with the registrar, the registrar shall register the interest in the parcel upon payment of the prescribed fee.

(2) Any plan of survey used pursuant to the Land Titles Clarification Act or the Quieting Titles Act shall be recorded along with the order, certificate or enactment referred to in subsection (1). 2001, c. 6, s. 41; 2002, c. 19, s. 18.

42 Where the Registrar General

(a) is satisfied that any parcel should be brought under the operation of this Act;

(b) is satisfied that title to the parcel should be registered without a formal application and without complying with some or all of the requirements of this Act; and

the Registrar General may make an order directing a registrar to register the title to the parcel. 2001, c. 6, s. 42.

43 (1) Where a parcel is first registered pursuant to this Act, the registrar shall cause notice of the registration to be filed in the registry of deeds for the registration district within which the parcel is situate pursuant to the Registry Act as a conveyance from the persons shown as the former owners in the application pursuant to which the parcel was first registered.

(2) The notice shall show the person who appears from the solicitor's opinion to have been the owner immediately before registration pursuant to this Act as the grantor, and shall include the property identification number of the parcel and a copy of the legal description of it. 2001, c. 6, s. 43; 2002, c. 19, s. 19; 2004, c. 38, s. 26.

44 Where a parcel is registered pursuant to this Act, the Registry Act ceases to apply to the parcel, except with respect to the interpretation of documents recorded pursuant to that Act. 2001, c. 6, s. 44.

45 (1) Except as against the person making the instrument, no instrument, until registered or recorded pursuant to this Act, passes any estate or interest in a registered parcel or renders it liable as security for the payment of money.

(2) Subsection (1) does not apply to an instrument creating a leasehold interest not exceeding three years where there is actual occupation of all or part of the parcel under the instrument. 2001, c. 6, s. 45.

46 (1) A registrar of deeds shall not accept for recording pursuant to the Registry Act

(a) any transfer of an equitable or legal title of a fee simple estate, life estate or remainder interest that the affidavit filed pursuant to the Municipal Government Act discloses is made for a sale price or for value;

(b) a plan of subdivision, instrument of subdivision or notice of subdivision unless

(ii) the plan, instrument or notice is accompanied by an affidavit signed by each of the owners of the parcel to the effect that the sole purpose of the subdivision is to create lots to be gifted to a parent, spouse, brother, sister, child or grandchild of an owner;

(d) any certificate of title pursuant to the Land Titles Clarification Act or the Quieting Titles Act.

(2) The Registrar of Condominiums shall not accept for registration pursuant to the Condominium Act any condominium corporation where the property, as defined in the Condominium Act, is not registered pursuant to this Act.

(3) This Section does not apply to a transfer of title

(a) between persons married to one another;

(aa) with respect to parcels acquired by Her Majesty in right of the Province or a municipality for the purpose of road widening, alignment or movement;

(ab) in a deed that conveys an interest of a predecessor in title being used to feed the estoppel or clarify title;

(ac) between persons who are parties to a registered domestic partnership agreement;

(ad) in a tax deed;

(ae) that involves a piece of land that is not registered and that is being created as a parcel under the subdivision provisions of Part IX of the Municipal Government Act solely for the purpose of consolidation with an abutting parcel that is not registered;

(b) between persons formerly married to one another, if the transfer is for the purpose of division of matrimonial assets; or

(c) from the Nova Scotia Farm Loan Board to a borrower under the Agriculture and Rural Credit Act. 2001, c. 6, s. 46; 2002, c. 19, s. 20; 2004, c. 38, s. 14; 2006, c. 15, s. 10.

46A (1) Notwithstanding Sections 37 and 46, the Registrar General may recommend that the Minister enter into a written agreement with a person who claims to own a parcel that is not registered to have an instrument respecting that parcel registered under the Registry Act, if circumstances exist that require the instrument to be registered under that Act.

(2) The agreement referred to in subsection (1) shall set out the time period within which title to the parcel shall be registered pursuant to this Act.

(3) A registrar of deeds shall register the instrument referred to in subsection (1) if the registration requirements of the Registry Act have been complied with and the instrument is accompanied by a certificate of the Registrar General.

(4) The agreement referred to in subsection (1) is subject to any provisions prescribed by the Minister in the regulations.

(5) Notwithstanding Section 37, a person who has entered into an agreement with the Minister in accordance with this Section may mortgage the parcel that is the subject of the agreement or any interest in it or provide a security interest in it. 2004, c. 38, s. 15.

47 (1) An interest in any parcel that is subject to this Act may be recorded.

(2) An interest is recorded by recording the document on which the interest is based.

(3) The registrar shall, upon payment of the prescribed amount, accept for recording in a parcel register any document that may be recorded pursuant to this Act and that complies with the regulations and includes the parcel identification number of the parcel affected.

(4) Any person who has an overriding interest in a parcel may record that interest.

(4A) An interest pursuant to the Matrimonial Property Act may be recorded.

(5) A plan of survey may be recorded.

(6) Where a plan of survey shows more than one parcel the registrar may note the recording of the plan in the parcel register of every parcel identified on the plan by parcel identification number.

(7) A notice of claim pursuant to the Marketable Titles Act is not registrable or recordable pursuant to this Act.

(8) A recording that is not authorized by this Section is void.

(9) A registrar shall not accept for recording any document that does not indicate the parcel identification number of the parcel affected. 2001, c. 6, s. 47; 2004, c. 38, s. 16.

48 (1) A registrar shall register or record documents that comply with this Act, in so far as practicable,

(a) promptly after submission for registration or recording; and

(b) in the order in which they are submitted for registration or recording.

(2) An interest is recorded when the identifier assigned to the document submitted for recording is entered in the appropriate register.

(3) The date and time of the recording of an interest is deemed to be the date and time when the document describing the interest was received and indexed by the registrar. 2001, c. 6, s. 48; 2004, c. 38, s. 17.

49 (1) A recorded interest shall be enforced with priority over a prior interest where the subsequent interest was

(a) obtained for value;

(b) obtained without fraud on the part of the owner of the subsequent interest;

(d) recorded at a time when the prior interest was not registered or recorded.

(2) Subsection (1) applies with respect to conflicting interests of successors to the owner of the recorded interest.

(3) In this Section,

(a) where a subsequent interest will not be enforced with priority for an owner of that interest because the requirements of subsection (1) have not all been satisfied, it shall be enforced with priority for a subsequent owner of that interest when the requirements of subsection (1) are first satisfied; and

(b) once an interest is entitled to priority of enforcement, it remains so entitled when acquired by a successor. 2001, c. 6, s. 49.

50 (1) Where a recording of a prior interest is cancelled pursuant to an invalid request for cancellation and as a result of the cancellation a subsequent interest becomes enforceable with priority over the improperly cancelled interest, correction of the register does not deprive the subsequent interest of its priority if the owner of the subsequent interest

(a) believed that the recording of the prior interest was validly cancelled;

(b) had no knowledge of facts tending to show the cancellation was unauthorized; and

(2) An owner of a prior interest who sustains loss pursuant to this Section shall be compensated as provided by this Act. 2001, c. 6, s. 50.

51 (1) Security interests do not transfer the title of the land charged by them and do not sever a joint tenancy.

(2) A security interest is an interest in land and has effect as security.

(3) A security interest is recognized under law only to the extent of the actual obligation of the debtor under law.

(4) Where the obligation secured by a security interest has been paid in full, the holder of the security interest shall record a release of the security interest.

(5) No fee or expense may be charged by a secured party for recording a release of a security interest unless the charge was agreed to by the parties before the obligation was paid in full.

(6) A security interest may be discharged in whole or in part, or as to all or any of the parcels charged, by recording a full or partial release of the security interest. 2001, c. 6, s. 51.

52 (1) The holder of a recorded mortgage or debenture incorporating a mortgage may enforce all rights and remedies permitted by law as if the parcel had been conveyed by mortgage subject to a proviso for redemption.

(2) A mortgage has priority over subsequent recorded interests to the extent of the obligations secured and the sums actually advanced under the mortgage, not exceeding the amount for which the mortgage is expressed to be a security, even though part of the sums may have been advanced after the recording of a subsequent interest.

(2A) Subsection (2) applies to a mortgage that secures a running, current or revolving account or line of credit even though some or all of the sums advanced under it from time to time have been repaid.

(2B) Subsection (2) does not apply to any advance made after

(a) the holder of a subsequent recorded interest serves written notice of the subsequent interest and its recording particulars, on the holder of the prior mortgage, and records a copy of the notice in the parcel register; or

(b) a lien pursuant to the Mechanics' Lien Act is recorded.

(3) Where a mortgage is foreclosed, the order for foreclosure shall be recorded.

(4) An application for an order for foreclosure shall specify whether the parcel with respect to which the order is sought is registered pursuant to this Act.

(5) Where the parcel with respect to which a foreclosure order is sought is registered pursuant to this Act, the application for an order for foreclosure shall include the property identification number of the parcel. 2001, c. 6, s. 52; 2003, c. 7, s. 4.

53 (1) A registered parcel may be mortgaged or charged by the recording of a debenture.

(2) A recorded debenture may be discharged in whole or in part or as to all or any of the parcels mortgaged or charged by the recording of a discharge of debenture.

(3) Where a floating charge contained in a debenture has been crystallized, a notice of crystallization of debenture shall be recorded in prescribed form against any parcel with respect to which the floating part of the debenture has been recorded, and the debenture does not charge the parcel until such time as the notice of crystallization is recorded. 2001, c. 6, s. 53; 2004, c. 38, s. 18.

54 An order of a court, including a court of probate, affecting the title to or boundaries of a parcel registered pursuant to this Act has no effect with respect to persons not parties to the action in which the order was granted until it is registered or recorded. 2001, c. 6, s. 54.

55 (1) A lease of a registered parcel may be evidenced by recording a lease or a notice of lease.

(2) A lease that has been recorded or with respect to which notice of lease has been recorded is not valid against the holder of any other interest in the parcel unless

(a) the lease or the notice of lease was recorded before the other interest;

(b) the holder of the interest has consented in writing to the lease; or

(3) A right of the lessee to purchase a parcel or extend or renew the term of the lease or to expand or contract the premises leased may be set out in the lease or notice of lease and, where they are not so set out, are not binding on persons who did not sign the lease.

(4) A lessee may, with the consent of the lessor, surrender a lease that has been recorded or with respect to which notice of lease has been recorded, by the recording of a surrender of lease.

(5) A lease for a period of three years or less need not be recorded and subsection (2) does not apply to the lease if there is actual possession under the lease that could be discovered through reasonable investigation. 2001, c. 6, s. 55.

56 (1) A registrar shall refuse to register or record a document if

(a) the prescribed fees are not paid;

(b) the document does not comply with this Act or the regulations;

(c) the registrar has reasonable and probable grounds to believe that the registration or recording might result in a registration or recording that is not in accordance with law;

(d) the Registrar General has ordered that no further registrations or recordings be made with respect to the parcel or with respect to a party to the document or a person attempting to register or record the document; or

(e) any of the requirements of this Act have not been met.

(2) Where the Registrar General determines that an error has been made in a registration or a recording, or that there is risk of an improper or fraudulent registration or recording being made, the Registrar General may order that

(a) no further registrations or recordings be made with respect to a parcel;

(b) no further registrations or recordings be made with respect to documents to which a named person is a party; or

(c) no further registrations or recordings be made with respect to documents presented by, prepared by or certified by a named person,

and, thereupon, no further registration or recording shall be made contrary to the order and no certificate of registered ownership shall be issued with respect to any parcel identified in the order until the order has been rescinded.

(3) An order pursuant to subsection (2) shall be recorded in the register of each parcel identified in the order and shall be removed from the register when rescinded. 2001, c. 6, s. 56.

57 (1) The recording of an interest, other than a security interest, shall be cancelled

(a) when the interest may not be recorded pursuant to this Act;

(b) if the interest is recorded but not registered, when requested by the holder of the interest; and

(c) when the time for which the interest is effective has expired, subject to any recorded renewal, amendment or termination.

(2) Cancellation of the recording of an interest does not terminate the interest.

(3) Cancellation of the recording of an interest does not affect the priority of enforcement rights that accrued before the cancellation.

(4) An interest that is removed from a register and any release or discharge of the interest shall be preserved in an archive register. 2001, c. 6, s. 57; 2002, c. 19, s. 21.

58 (1) A certificate of lis pendens in prescribed form may be recorded with respect to the parcel described in it.

(2) A certificate of lis pendens may be removed from the register on the earliest of

(a) cancellation of the recording;

(b) the recording of an order of the court dismissing the action or discharging the lis pendens;

(d) the expiration of five years from the recording of the certificate of lis pendens.

(3) A certificate of lis pendens shall be signed by a prothonotary of the court in which the action affecting the parcel was commenced.

(4) A person filing or continuing a certificate of lis pendens without reasonable cause is liable to compensate any person who may have sustained damage as a result. 2001, c. 6, s. 58; 2002, c. 19, s. 22.

59 (1) A registration in the Personal Property Registry is not a registration or recording pursuant to this Act.

(2) A security interest in a fixture and a security interest in a crop pursuant to the Personal Property Security Act may be recorded in the parcel register of the parcel that they affect.

(3) A security interest in a fixture and a security interest in a crop pursuant to the Personal Property Security Act shall be removed from the register on the earliest of the

(a) cancellation of the recording;

(b) expiration of the period for which the interest was recorded; and

60 (1) Where there are reasonable and probable grounds to believe that

(a) all of the obligations under the security interest have been performed;

(b) the holder of the security interest has agreed to release all or part of the collateral;

(d) no security interest exists,

the debtor named in the security interest, a person who has or had a registered interest in the parcel to which the security interest purportedly relates or the solicitor of the debtor or the person with the registered interest may serve a written demand on the holder of the security interest, by registered mail or as otherwise prescribed by regulation, requiring the holder to discharge the interest so far as it relates to the parcel or to discharge the interest so far as it relates to the collateral agreed to be released or not included in the security interest.

(2) Where the secured party fails to comply with a demand made pursuant to subsection (1) within thirty days after it is served, the person making the demand may require the registrar to cancel or amend the recording in accordance with the demand upon proof of service of the demand.

(2A) repealed 2004, c. 38, s. 19.

(3) Notwithstanding subsection (2), a registrar shall not cancel or amend a recording if an order of the court is provided by the secured party permitting the continuance of the recording on such terms as may be specified in the order.

(4) An order pursuant to subsection (3) shall be recorded.

(5) After having been served with a demand pursuant to subsection (1), a secured party may apply to the court and the court may order the continuance of the registration as if the demand had not been made on such terms as the court thinks just or may order the discharge or amendment of the security interest.

(6) No fee or expense may be charged by a secured party for compliance with a demand pursuant to subsection (1) unless the charge was agreed to by the parties before the demand was given. 2001, c. 6, s. 60; 2002, c. 19, s. 24; 2004, c. 38, s. 19.

61 (1) Every successive owner of a parcel is affected with notice of a condition or covenant included in an instrument registered or recorded with respect to that land and is bound thereby if it is of such nature as to run with the land, but a condition or covenant may be modified or discharged by order of the court on proof to the satisfaction of the court that

(a) the modification or discharge will be beneficial to the persons principally interested in the enforcement of the condition or covenant;

(b) the condition or covenant conflicts with the provisions of a land-use by-law, municipal planning strategy or development agreement issued, made or established pursuant to an enactment and the modification or discharge is in the public interest; or

(2) A person who owns a registered interest in a parcel may grant a restrictive covenant in the parcel for the benefit of another parcel that the person owns.

(3) The restrictive covenant continues to exist notwithstanding subsequent vesting of the dominant and servient tenements in the same person absent an express release of the restrictive convenant [covenant]. 2001, c. 6, s. 61; 2002, c. 19, s. 25; 2004, c. 38, s. 20.

62 (1) The right to have the recording of an interest cancelled or to postpone the enforcement of an interest may be assigned by the holder of the interest.

(2) The original holder may have a recording cancelled or postpone the enforcement of an interest unless an assignment of those rights is recorded.

(3) Any party to a recorded interest may record documents that amend, assign, renew, postpone, partially terminate, terminate or otherwise affect the recorded interest at any time before the recording is cancelled. 2001, c. 6, s. 62.

63 (1) The registered owner of a parcel may send a notice requiring cancellation of a recorded interest or a judgment referenced in the parcel register by serving notice on the holder of that interest or judgment to take proceedings in the court to substantiate the interest or judgment.

(2) The notice shall include an affidavit showing that the interest, the recording of which is sought to be cancelled, is invalid with respect to the parcel.

(2A) repealed 2004, c. 38, s. 21.

(3) This Section does not apply to

(a) an interest that is registered;

(aa) a security interest;

(b) an interest to which the registered owner has consented;

(d) a recording pursuant to a statute other than this Act.

(4) The Registrar shall cancel the recording upon proof

(a) that sixty days has expired after the serving of the notice in the prescribed form on the holder of the interest and, where the interest is a servitude, on the owner of every parcel identified in the recorded document as land to which the benefit of the servitude is annexed;

(b) that no certificate of lis pendens has been recorded by any person certifying that proceedings in court have been commenced to substantiate the recorded interest; and

(c) that the person who caused the notice to be served is the registered owner of the parcel against which the recording to be cancelled was recorded.

(5) Notwithstanding clause (4)(a), the court may, on ex parte application, shorten the period of sixty days to such period as the court thinks just.

(6) An order shortening the sixty-day notice period shall be served with the notice.

(7) The notice shall be served personally, by registered mail directed to the address to which notices with respect to the recording are to be sent or in accordance with any directions given by the court on ex parte application. 2001, c. 6, s. 63; 2002, c. 19, s. 26; 2004, c. 38, s. 21.

64 Where a recording

(a) is void because the interest did not qualify for recording under this Act; or

(b) was not cancelled at the request of the holder after the interest ceased to exist under law and the person affected by it had demanded its cancellation,

the holder of the recorded interest is liable to any person who sustains loss because of the initial recording or its continuance unless it was a registrar's recording or the court finds that the initial recording or its continuance was reasonable under the circumstances. 2001, c. 6, s. 64.

65 (1) A registrar shall establish a judgment roll for the registration district.

(2) A judgment creditor may record a judgment for the recovery of money in the judgment roll for a registration district.

(3) A judgment shall be certified by the registrar, clerk or prothonotary of the court that issued it.

(4) A judgment recorded in a judgment roll binds and is a charge upon any registered interests of the judgment debtor within the registration district, whether acquired before or after the judgment is recorded, from the date the judgment is recorded until the judgment is removed from the roll.

(5) On the coming into force of this Act, a judgment recorded pursuant to the Registry Act before that date has the effect of a judgment recorded pursuant to this Act, has effect for twenty years subsequent to the date of the judgment, is subject to Sections 66, 67, 68 and 69 and may not be renewed.

(6) The recording of a judgment in the judgment roll has the same effect with respect to a parcel that has not been registered pursuant to this Act as it has with respect to a parcel registered pursuant to this Act, and no judgment shall be recorded pursuant to the Registry Act after this Act comes into force. 2001, c. 6, s. 65; 2002, c. 19, s. 27.

66 (1) A judgment is a charge as effectually and to the same extent as a recorded mortgage upon the interest of the judgment debtor in the amount of the judgment.

(2) A judgment against one joint tenant does not sever the joint tenancy.

(3) A judgment against one owner of an interest does not extend to or bind the interests of the other owners.

(4) A judgment shall be removed from the roll on the earliest of

(a) cancellation of the recording;

(b) the recording of a certificate of the registrar, prothonotary or clerk of the court that issued the judgment that the judgment was set aside;

(d) the recording of a release of the judgment signed by the plaintiff, the solicitor for the plaintiff or the registrar, clerk or prothonotary of the court that issued the judgment; and

(e) the expiration of five years from the date of the recording of the judgment or the date of the last renewal of the recording of the judgment.

(5) The recording of a judgment may be renewed not more than three times by recording a certificate of renewal signed by the judgment creditor or the solicitor, agent or attorney of the judgment creditor at any time before the judgment is removed from the roll.

(6) A judgment that is removed from the roll ceases to bind or be a charge upon any parcel in the registration district.

(7) The validity of any title acquired by a sale under a judgment is not affected by the removal of the judgment from the roll.

(8) A judgment does not affect a person's interest in any parcel if the person's name is materially different from that of the judgment debtor.

(9) For the purpose of this Section, service shall be by registered mail or as prescribed. 2001, c. 6, s. 66; 2002, c. 19, s. 28.

67 (1) The recording of a judgment shall contain the names and addresses of the parties to the action and, in the case of a judgment creditor, shall include an address at which the judgment creditor may be served and, in the case of a judgment debtor, shall include such information as tends to distinguish the judgment debtor from all other persons of the same or similar names.

(2) A certificate of judgment shall contain the amount recovered and the names of the solicitors for the parties, if any.

(3) A certificate of judgment shall be certified under the hand of the registrar, clerk or prothonotary of the Court that issued it, under the seal of the court, and, when so certified, shall be accepted by the registrar for recording without further proof.

(4) The name of a judgment creditor shall be sufficiently detailed and accurate as to permit the name to be distinguished from all other like names, and shall comply with the prescribed standards.

(5) The registrar shall not accept for recording a judgment that does not comply with the prescribed standards. 2001, c. 6, s. 67.

68 (1) Any person may require a judgment creditor who has recorded a judgment in the judgment roll to provide, without charge, confirmation that the person is or is not the judgment debtor referred to in the judgment and that the judgment is or is not satisfied.

(2) A request pursuant to subsection (1) shall include sufficient information concerning the person making the request to permit the judgment creditor to accurately determine whether the person making the request is or is not the judgment debtor and, for that purpose, the judgment creditor may, within seven days after receipt of the request, require further particulars concerning the person making the request.

(3) Where the judgment creditor does not provide the information required by subsection (1) within ten days after the request was received, or within ten days after the additional information requested was received, upon recording an affidavit containing proof that the request was sent to the judgment creditor at the address shown on the judgment roll, that there was no request for further information or that the request was complied with and that no further information was received, the judgment has no effect with respect to any parcel owned by the person making the request.

(4) The registrar shall cancel the recording of a judgment upon receipt of a certificate from the registrar, prothonotary or clerk confirming that sufficient funds have been paid into court to satisfy the judgment and that the judgment creditor has been notified of the payment into court. 2001, c. 6, s. 68; 2002, c. 19, s. 29.

69 (1) The assignment of a recorded judgment may be recorded.

(2) The original judgment creditor may release or postpone the judgment unless an assignment of the judgment is recorded.

(3) A judgment may be released in whole or in part, or as to some or all of the land affected by it, by the recording of a full or partial release. 2001, c. 6, s. 69.

70 Filing or recording a mechanics' [builders'] lien or a certificate of lis pendens pursuant to the Registry Act has no effect with respect to a parcel registered pursuant to this Act. 2001, c. 6, s. 70; 2002, c. 19, s. 30.

71 (1) An interest levied upon pursuant to an attachment order is bound by the order from the time a certified copy of the order and of the legal description of the interest levied upon is recorded.

(2) The interest continues to be bound by the order until discharged by order of the court or until thirty days after final judgment has been signed in the action, and the judgment, if recorded before the expiration of the thirty days, binds the interest from the date the attachment order was recorded. 2001, c. 6, s. 71; 2004, c. 38, s. 26.

72 (1) Every registrar shall establish an attorney roll for the registration district.

(2) Any person may record a power of attorney in the attorney roll for a registration district.

(3) A power of attorney recorded in an attorney roll is valid with respect to any dealing with any recorded or registered interest of the person granting the power of attorney within the registration district, whether acquired before or after the power of attorney is recorded.

(4) A registrar shall not accept for registration or recording any document signed by an attorney for a person unless the power of attorney is recorded in the attorney roll or the register of the parcel to which the document relates, or the power of attorney is included with the document.

(5) A power of attorney may

(a) be recorded in the attorney roll;

(b) be recorded in a parcel register; or

(6) A power of attorney that is included in the document to which it relates does not authorize the registration or recording of any other document pursuant to subsection (4).

(7) Where a power of attorney includes conditions that must be met before it has effect, or names alternative attorneys, a registrar and any other person may assume for all purposes that the conditions have been met and that the person acting under the power of attorney is authorized to so act. 2001, c. 6, s. 72.

73 (1) Notwithstanding anything contained in this Act, the following interests, whether or not recorded or registered, and no other interests, shall be enforced with priority over all other interests according to law:

(a) an interest of Her Majesty in right of the Province that was reserved in or excepted from the original grant of the fee simple absolute from Her Majesty, or that has been vested in Her Majesty pursuant to an enactment;

(b) a lien in favour of a municipality pursuant to an enactment;

(c) a leasehold for a term of three years or less if there is actual possession under the lease that could be discovered through reasonable investigation;

(d) a utility interest;

(e) an easement or right of way that is being used and enjoyed;

(f) repealed 2002, c. 19, s. 31.

(g) any right granted by or pursuant to an enactment of Canada or the Province

(ii) to recover municipal taxes, duties, charges, rates or assessments by proceedings in respect of land,

(iii) to control, regulate or restrict the use of land, or

(iv) to control, regulate or restrict the subdivision of land;

(h) a lien for assessments pursuant to the Workers' Compensation Act;

(i) an interest created by or pursuant to a statute that expressly refers to this Act and expressly provides that the interest is enforceable with priority other than as provided in this Act.

(2) Notwithstanding clause (1)(g), a designation pursuant to the Beaches Act is not an overriding interest and has no effect with respect to a parcel registered pursuant to this Act until it has been recorded in that parcel's register. 2001, c. 6, s. 73; 2002, c. 19, s. 31.

74 (1) Except as provided by Section 75, no person may obtain an interest in any parcel registered pursuant to this Act by adverse possession or prescription unless the required period of adverse possession or prescription was completed before the parcel was first registered.

(2) Any interest in a parcel acquired by adverse possession or prescription before the date the parcel is first registered pursuant to this Act is absolutely void against the registered owner of the parcel in which the interest is claimed ten years after the parcel is first registered pursuant to this Act, unless

(a) an order of the court confirming the interest;

(b) a certificate of lis pendens certifying that an action has been commenced to confirm the interest;

(d) the agreement of the registered owner confirming the interest,

has been registered or recorded before that time.

(3) repealed 2004, c. 38, s. 22.

2002, c. 19, s. 32; 2004, c. 38, s. 22.

75 (1) The owner of an adjacent parcel may acquire an interest in part of a parcel by adverse possession or prescription after the parcel is first registered pursuant to this Act, if that part does not exceed twenty per cent of the area of the parcel in which the interest is acquired.

(1A) An owner of an undivided interest in a parcel may acquire the whole interest in the parcel by adverse possession or prescription after the parcel is first registered pursuant to this Act.

(2) For the purpose of this Section, adverse possession and prescription include time both before and after the coming into force of this Act. 2001, c. 6, s. 75; 2002, c. 19, s. 33.

76 (1) In this Section, "person" includes a person and that person's heirs, executors, administrators, successors or assigns.

(2) Where a person makes lasting improvements on land under the belief that it is the person's own, the court may, on the application of either the person making the improvement or the person to whom the land belongs,

(a) require the person making the improvement to remove it or abandon it;

(b) require the person making the improvement to acquire an easement, either limited in time or not, from the person to whom the land belongs, in the amount and on such terms as the court thinks just;

(c) require the person making the improvement to acquire the land on which it was made from the person to whom the land belongs, in the amount and on such terms as the court thinks just; or

(d) require the person to whom the land belongs to compensate the person making the improvement for the amount by which the improvement has enhanced the value of the land to the owner of it, in the amount and on such terms as the court thinks just.

(3) Where it is found that a building on land encroaches on adjoining land the court may, on the application of either the registered owner of the land on which the building is located or the registered owner of the land on which the building encroaches,

(a) require the owner of the building to remove or abandon the encroachment;

(b) require the owner of the building to acquire an easement, either limited in time or not, from the person to whom the land belongs, in the amount and on such terms as the court thinks just;

(c) require the owner of the building to acquire the land on which it was made from the person to whom the land belongs, in the amount and on such terms as the court thinks just.

(4) An acquisition of land pursuant to this Section is not a subdivision within the meaning of the Municipal Government Act.

(5) Any application to the court pursuant to this Section shall include a plan of survey of the lands that are the subject of the application. 2001, c. 6, s. 76.

77 (1) Every instrument assigning or claiming an interest in or a right relating to or affecting the title to land or to any interest in land presented for registration or recording shall have endorsed on it or annexed to it the mailing address of the transferee or claimant.

(2) Any document affecting the title to land to which the consent of the registered owner is not affixed shall include an address of the transferee or claimant.

(3) A person may notify the registrar in writing of a change of name or address.

(4) All current addresses of a person shown in a parcel register are the addresses for service of all notices and documents given pursuant to this Act.

(5) Any notice to be served pursuant to this Act is sufficiently served if it is served personally, is sent by registered mail directed to the address to which notices with respect to the registration or recording are to be sent or in accordance with any directions given by the court. 2001, c. 6, s. 77; 2002, c. 19, s. 34.

78 Any instrument submitted for registration or recording is validly executed and shall be registered or recorded, notwithstanding that it is not under seal and notwithstanding that it does not specify, or is not given for, good or valuable consideration. 2001, c. 6, s. 78.

79 (1) A registrar shall accept for registration or recording every instrument that may be registered or recorded pursuant to this Act that includes a certificate of execution to the effect that

(a) at least one party executing the instrument has sworn or affirmed that the party executed the instrument;

(b) the person who signed the instrument as a witness has sworn or affirmed that at least one of the parties to the instrument signed it in the presence of the witness; or

(c) at least one of the parties to the instrument signed it in the presence of a person authorized by this Act to sign the certificate of execution.

(2) Where the instrument is executed within the Province, the certificate of execution may be signed by, and the affidavit sworn to or affirmed before,

(a) a registrar;

(b) a judge of the Supreme Court of Nova Scotia or of the Nova Scotia Court of Appeal;

(d) a barrister of the Supreme Court of Nova Scotia;

(e) a justice of the peace;

(f) a commissioner of the Supreme Court of Nova Scotia;

(g) any person authorized to administer an oath or to take and receive an affidavit, affirmation or declaration within the Province for use within the Province.

(3) Where the instrument is executed outside the Province, the certificate of execution may be signed by, and the affidavit sworn to or affirmed,

(a) if made in another province before

(ii) a person authorized to take affidavits in the province for use in any court of record in that province,

(iii) a notary or notary public,

(iv) a commissioned officer in any of Her Majesty's Armed Forces on active duty, or

(v) any person authorized by the laws of the Province to take affidavits for the Supreme Court of Nova Scotia; or

(b) if made in any foreign country, before

(ii) a Canadian Government Trade Commissioner or Assistant Canadian Government Trade Commissioner,

(iii) a judge of any court of record,

(iv) a notary or notary public,

(v) a commissioned officer in any of Her Majesty's Armed Forces on active duty, or

(vi) any person authorized by the laws of the Province to take affidavits for the Supreme Court of Nova Scotia.

(4) Where an instrument is executed outside the Province, the official seal or stamp of a notary or notary public who signed the certificate of execution or who took the affidavit is sufficient proof that the person is a notary or notary public.

(5) Where an instrument is executed outside the Province, a certificate of the person who signed the certificate of execution or who took the affidavit to the effect that the person is one of the persons named in subsections (2) or (3) is sufficient proof of the person's authority to do so for purposes of registering or recording the instrument without the need for a seal or stamp.

(6) This Section does not apply to

(a) a grant from Her Majesty;

(b) an order in council;

(d) an instrument under the seal of a corporation;

(e) an order of a court or judge of the Province;

(f) a certificate of judgment, an execution order or an attachment order;

(g) a certificate of lis pendens issued by a Nova Scotia court;

(h) an instrument executed by a Minister of the Crown or by a person authorized by the Minister to execute the instrument;

(i) a claim for lien under the Mechanics' Lien Act;

(ia) an instrument or document that, pursuant to the regulations, does not require a certificate of execution;

(j) an instrument, including any instrument executed before the coming into force of this Section, that is provided for under another Act, its predecessor or a regulation and that does not under that Act or regulation require a witness to the instrument. 2001, c. 6, s. 79; 2004, c. 38, s. 23.

80 An individual is not eligible to be a witness to an instrument executed after the coming into force of this Act if that individual is

(a) a party to the instrument; or

(b) a spouse who consents to the instrument pursuant to the Matrimonial Property Act. 2001, c. 6, s. 80.

81 A registrar shall not register or record an instrument executed after the coming into force of this Act if the individual who signed the certificate of execution for that instrument is

(a) a party to the instrument; or

(b) a spouse who consents to the instrument pursuant to the Matrimonial Property Act. 2001, c. 6, s. 81.

82 Failure to comply with an attestation requirement under this or another Act, its predecessor or a regulation does not, for that reason only, affect the validity of any instrument, whether or not it is recorded or registered. 2001, c. 6, s. 82.

83 An instrument executed by a corporation, notwithstanding anything t

Land Registration Act

An Act to Provide for the Registration of Title to Land and to Amend Certain Statutes Respecting Real Property

Purpose of Act

Interpretation

Interpretation

Interpretation

Application of Act

Land registration districts

Registrar General

Registrar and deputy registrars

Registrars

Parcel registers

Utility rolls

Contents of parcel register

Maintenance of registers

Additional information

Immunity from liability

Registrable interests

Registration requirements

Legal description of parcel

Grant of easement to self

Registered interests

Location and boundaries

Change of name

Subdivisions

Registration of wills

Grants of administration

Prerequisites for acceptance of deed

Proof of death

Trusts

Expropriations

Bankruptcies

Tax sales

Right to file certain documents

Rectification of registered interests

Effect of rectification

Unauthorized rectification

Priority rules

Application for registration

Reference to non-residents

Certain unreleased security interests

Land acquired by certificate of title

Registration on initiative of Registrar General

Notice filed in registry of deeds

Effect on application of Registry Act

Unregistered instruments ineffective

Restriction on certain registration

Agreement with Minister respecting registration under Registry Act

Recording of interest

Duties of registrar

Duties of registrar

Effect of cancellation

Effect of security interest on title

Rights of holder of security interest

Debentures and floating charges

Restriction on effect of court order

Leases

Duty to refuse

Cancellation of recording

Certificate of lis pendens

Personal Property Registry

Discharge of security interests

Effect of condition and covenants

Assignments

Cancellation

Liability

Judgment roll

Effect of judgment

Contents of recording of judgment

Right to require confirmation

Recording of certain documents

Builders' liens

Effect of order

Powers of attorney

Priority of certain interests

Adverse possession and prescription

Limit on land acquired

Lasting improvements

Service of notices

Effect of lack of seal or consideration

An Act to Provide for the
Registration of Title to Land
and to Amend Certain Statutes
Respecting Real Property