Real Estate
Notices/News
New Capital Infrastructure Charge Bylaw – Town of Mahone Bay (April 23, 2012)
Please be advised that on February 16, 2012, the town of Mahone Bay passed the Capital Infrastructure Charge Bylaw. This charge will be included on all future tax certificates as it is a lien on a property. Read the full Bylaw #44 below. You are asked to contact clerk@townofmahonebay.ca or call 902-624-8327 if you have any questions or require further information.
Capital Infrastructure Charge Bylaw #44
Update to acceptance criteria for documents executed by a corporation (March 23, 2012)
In May 2011, the Registrar General provided instructions to the LRO's with respect to execution of corporate affidavits, impacting releases of mortgages. Please read the following update to these guidelines, providing more detail and clarification for staff. The guidelines have been highlighted to show what information has changed from the previous distributed version.
Read Update to Acceptance Criteria for Documents Executed by a Corporation.
Amendment to Land Registration Regulations - Form 6A (February 21, 2012)
The Land Registration General Regulations have been amended effective Tuesday February 21, 2012 to exempt the fee of $85.18 charged on the recording of a Form 6A. This form is used by authorized lawyers to correct errors or omissions in information previously submitted with a certificate of legal effect.
Please note that any Form 6As received on or after today's date will be exempt from the recording fee. Any payments received by our land registration offices for Form 6As for documents submitted on or after Tuesday February 21, 2012 will be returned to the submitting lawyer.
If there are any questions related to this amendment, please feel free to contact the Registrar General's office at rglandtitles@gov.ns.ca.
Changes to Condominium Act Effective September 1, 2011 (August 3, 2011)
The Condominium Act has been amended. As of September 1, 2011, developers, lawyers and condominium corporations will need to comply with the amendments to the Act and also new requirements in the condominium regulations. These changes are designed to improve consumer protection for condominium owners and the administration of condominium corporations.
Read related resources provided by Service Nova Scotia and Municipal Relations
Overview of changes to the Condominium Act
What condominium unit owners and corporations need to know
Condominium disputes – applying for dispute resolution
Appealing a condominium dispute hearing
Residential Tenancies Act for condominium corporations
Acceptance Criteria for Documents Executed by a Corporation (June 14, 2011)
The Registrar General has recently provided instructions to the LRO's with respect to execution of corporate affidavits. This will impact releases of mortgages. You should review this memo carefully. The Registrar General has indicated that this information will be provided to financial institutions as well.
Read Land Registration Document Execution Requirements for Execution by a Corporation.
June 1st increase for Nova Scotia user fees (May 31, 2011)
Lawyers are advised that they must to clear their e-Submission worksheets by 11:30pm on May 31, 2011, as user fees increase effective Wednesday June 1, 2011. For more information, read the full document here: Important reminder re document registration fee increases effective June 1, 2011 and impact on e-submission worksheets for lawyers
As these changes have already been approved, please take the time to consult the Government of Nova Scotia’s 2011-12 User Fees and Government Charges document to determine what is applicable to your practice.
For more information, find a Service Nova Scotia and Municipal Relations Access Office near you: http://www.gov.ns.ca/snsmr/offices.asp?service=land
Amendments to real estate legislation (May 5, 2011)
Changes to real-estate legislation will help ensure Nova Scotians are protected when they buy or sell a home.
Amendments to the Real Estate Trading Act introduced today, May 5, clarify that real estate agents must provide details of their fees in writing before clients sign an agreement.
They will strengthen complaint and investigation procedures, and allow the Nova Scotia Real Estate Commission, which regulates the industry, to better oversee the many different types of fee arrangements cropping up in the industry.
The amendments also allow real estate agents to incorporate individual businesses. This business decision will benefit agents, but will not change the professional standards enforced by the commission.
"These changes are a great example of government and industry working together to strengthen consumer protection," said Service Nova Scotia and Municipal Relations Minister John MacDonell. "The commission asked for these changes to offer better regulation and protection for Nova Scotians."
The Nova Scotia Real Estate Commission has been the regulator for real estate agents in the province since 1997.
Last year, Nova Scotians bought and sold more than 10,000 homes.
For more information, visit Service Nova Scotia and Municipal Relations.
Changes to Crown land release certificates (April 20, 2011)
An amendment introduced yesterday, April 19th may allow the province to release ownership of some ungranted Crown lands.
The change to the Court and Administrative Reform Act will give authority to the Natural Resources Minister to sign certificates of release for parcels of land less than 200 hectares. The certificates will be issued under Part II of the Land Titles Clarification Act.
Read the proposed changes to the Court Administrative Reform Act (amended)
Read the official news release Province Streamlines Process for Ungranted Crown Lands
Parcel register correction processing changes effective April 11, 2011 (April 6, 2011)
Changes are being made in the processing and display of corrections or updates using Forms 6A, 49, 21 (change of name & correction of a misspelling of name), 24 (code 451), and 17A, which are submitted to correct or update an existing entry for a current interest or to add an interest that had been omitted in error.The new streamlined process will no longer require the submitter to provide a certified copy of the enabling document and will link the interest indexed in the parcel register to a PDF of the document which enables the interest rather than a PDF of the form requesting the correction or update.
Read “Changes to processing of corrections in parcel register, effective April 11, 2011” for further information.
Province makes assessment appeals more accessible (March 1, 2011)
The Province is moving to ensure businesses and homeowners can have their assessment appeals heard in a timely manner. Effective April 1, the province is increasing the per-diem rate for lawyers who sit on the Regional Assessment Appeal Court to $300 per half-day session, from $165.
“The Regional Assessment Appeal Court helps our property assessment system run smoothly,” said the Hon. John MacDonell, Minister responsible for Service Nova Scotia and Municipal Relations. "If we don't have people to hear these cases, Nova Scotians won't be able to appeal their property assessments and have their cases heard as quickly as they should."
Members of the Regional Assessment Appeal Court have not received a raise in more than 15 years, which made it harder to attract lawyers to hear appeals. There are currently 13 lawyers who hear assessment appeals. In 2009, the court heard 380 appeals across the province.
By law, appeals must be heard in the municipality where the property is located. The raise adds $35,000 to the total cost of offering assessment appeals and the Regional Assessment Appeal Court will now cost the province $110,000 annually. Read the news release from Service Nova Scotia and Municipal Relations.
Law Reform Commission recommends abolition of the Rule Against Perpetuities (January 28, 2011)
On January 4, the Law Reform Commission of Nova Scotia released its Final Report on the Rule Against Perpetuities, recommending that the antiquated legal rule be abolished. Read the press release here.
Nova Scotia (Attorney General) v. Brill (Nova Scotia Barristers’ Society, Intervenor) 2010 NSCA 69 (September 9, 2010)
For your information, please read the following decision released September 9, 2010: Nova Scotia (Attorney General) v. Brill (Nova Scotia Barristers’ Society, Intervenor) 2010 NSCA 69
July 30, 2010
Please read the “Notice of Office Closure and Relocation” on the disruption to zoning confirmation services from the Director of HRM Planning & Development Services (Community Development), Paul Dunphy.
June 21, 2010
We are pleased to distribute “Water Lots, Watercourses & Wetlands (Nova Scotia): an Aide Memoire for Reviewing Title and Uses” by Garth C. Gordon QC. It was presented on June 18 at the RELANS luncheon for the 2010 Annual Meeting, Nova Scotia Barristers' Society.