Real Estate
Rectification
When auditing a Rectification, some of the transaction types reviewed included fixing errors on AFRs and on document submission, and multiple rectifications for one PID.
Statistics
During year one of the program, Rectifications were audited on 49 different PIDs and mistakes were found on 13 PIDs (26%). There were instances where one PID contained several mistakes which required correcting.
Common Issue
A common issue with rectifications is the failure to obtain the written consent of the registered owner prior to filing Form 6A as required under Regulation 22.
Obligation
Section 22 of the Regulations states:
Correction of errors or omissions in registration, recording or other information certified by certificate of legal effect
22 (1) - In this Section, “certificate of legal effect” includes an opinion of title on an AFR.
(2) - An authorized lawyer who is aware that there is an error or omission in a registration or recording or other information in a parcel register certified by a certificate of legal effect that the authorized lawyer previously submitted as required under these regulations must, without delay, request a correction of the particulars certified by the certificate of legal effect in Form 6A and do one of the following:
(a) otify and obtain the consent, in writing, of the registered owner of the affected parcel and any other interest holder shown in the parcel register, who may be affected by the error or omission; or
(b) obtain the prior written approval of the Registrar General, who may withhold approval or impose any notice or other requirements the Registrar General considers appropriate in the circumstances.
(3) - An authorized lawyer who is acting on behalf of a registered owner of an affected parcel or any other interest holder affected by an error or omission may submit a correction of the error or omission in a registration or recording or other information in a parcel register certified by a certificate of legal effect previously submitted by another authorized lawyer, if the lawyer complies with the requirements in subsection (2) and has one of the following:
(a) the agreement, in writing, of the authorized lawyer who previously submitted the certificate of legal effect;
(b) the written approval of the Registrar General, who may withhold approval or impose any notice or other requirements the Registrar General considers appropriate in the circumstances.
(4) An authorized lawyer must retain a true copy of all documentation or information that supports their correction and any approvals and consents obtained under this Section and make them available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society.
Fix
The lawyer must ensure that prior to filing the Form 6A, he or she explains the situation to the client/owner and obtains consent in writing to the correction, rather than relying simply on the original written authorization to migrate the property when correcting an error in a migration.