Real Estate
Revision
When auditing a Revision, some of the transaction types reviewed include first conveyance after a new subdivision for the addition of benefits and burdens, benefits and burdens added by statutory declarations, registrations removed by Form 24 and property access changes.
Statistics
During year one of the program, Revisions on 47 different PIDs were audited and mistakes were found on 12 PIDs (25%). There were instances where one PID contained several mistakes which required correcting.
Common Issue
When the revising instrument (i.e. a deed) adds restrictive covenants, ensure that the changes are reflected in all appropriate areas, including both the parcel register and the parcel description.
Obligation
Section 16 of the Land Registration Administration Regulations (“Regulations”) states:
16 (1) Despite Sections 14 and 15, an authorized lawyer is not required to identify or add a corresponding benefit to other affected parcels when adding
(a) a burden in favour of a public utility, an unidentified utility, or a municipality, or
(b) restrictive covenants,
to a parcel registered under the Act.
(2) The authorized lawyer who makes an application to add an interest in clause (1)(a) or (b) to a parcel registered under the Act must
(a) submit a request and certificate of legal effect, in Form 24, to revise the parcel register of the parcel to which the interest is being added; and
(b) make application to amend the legal description of the parcel to which the interest is being added; and
(c) serve notice, in Form 8, on the owner of the parcel to which the interest is being added, unless the owner has executed the document that conveys or evidences the interest.
(3) If notice is required to be served under clause (2)(c), the authorized lawyer who makes application to add the interest in clause (1)(a) or (b) to a parcel registered under the Act, must retain a true copy of the notice in Form 8 together with proof of service in accordance with Section 30, and make it available for review by the Registrar General upon request and audit by the Nova Scotia Barristers’ Society.
Fixes
When you register a document that contains a new restrictive covenant burden affecting your parcel, you must ensure that you add it as a burden to your parcel register in your Form 24, and amend the description of your parcel register as well to add the burden.