Real Estate
1.1 Legislative Review
A lawyer should maintain familiarity with new and existing legislation affecting title or ownership rights and responsibilities. A lawyer should inquire as to the nature of a parcel and a client’s proposed use of the parcel and then ensure the lawyer is familiar with any particular legislation affecting the use.
When a client decides to acquire a parcel subject to legislative restrictions, a lawyer must explain the restrictions to the client and confirm the client’s instructions prior to closing. 1
Note:
Additional Resources:
- Nova Scotia Barristers’ Society 2001 - Practice Materials (Carswell 2001) [CD-ROM] (available through Admissions and Professional Development), Real Estate Law, Section 1 - Conveyancing, Introduction
- Local restrictions: See, for example, Aeronautics Act, R.S.C. 1985, c. A-2, an Act Respecting Rosebank Park, S.N.S. 1915, c. 108
- Land Registration Act, S.N.S. 2001, c. 6, s. 37