Real Estate
Parcel Description Certification Application (“PDCA”)
When auditing the PDCA, some of the more common transaction types reviewed include new descriptions, amended property descriptions, corrected property descriptions and de facto consolidation of a parcel identification number (“PID”) by instrument types.
Statistics
During year one of the program, PDCAs on 50 different PIDs were audited. Mistakes were found on 16 PIDs (32%). There were instances where one PID contained several mistakes which required correcting.
Common Issue
When relying on Statutory Declarations in order to effect de facto consolidation, the most common problem was that the declarations did not contain facts to support the statements of common ownership and use, or in some instances, the declaration was not registered.
Obligation
Under the heading “Subdivision”, section 268A(1) of the Municipal Government Act states that:
Deemed consolidation
268A (1) Two or more lots that are and have been in common ownership and used together since April 15, 1987, or earlier are deemed to be consolidated if the owner or the owner’s agent registers a statutory declaration in the appropriate registry of deeds or records a statutory declaration in the land registration office stating that the lots were in common ownership and used together on or before April 15, 1987, and have continued to be so owned and used, and including the facts that support the statement, the present descriptions of the lots including any property identifiers assigned by Service Nova Scotia and Municipal Relations and the description of the consolidated single lot.
(2) Registration or recording of the statutory declaration referred to in subsection (1) is deemed to consolidate the lots as of the date of registration or recording.
(3) Subdivision approval of the consolidation is not required. 2003, c. 9, s. 69.
Fixes
When recording a Statutory Declaration to support de facto consolidation, make sure you include the facts to support the statements. Once completed, quickly review the legislation to ensure you comply with the statutory requirements.