Lawyers´ Insurance Association of Nova Scotia

2.1 Legal Descriptions

When a lawyer examines a legal description, the lawyer must be satisfied that the legal description

1. is a proper and complete description of the parcel;
2. identifies the parcel; and
3. when based on a plan of survey, reflects the parcel as shown on the plan.¹

If a lawyer determines that the abstract of title shows that the legal description has been amended from time to time, the lawyer must assess each amendment to determine whether the amendment complies with legislative requirements for transfer of title to land.²

A lawyer must ensure that a certificate of title prepared by the lawyer clearly identifies the parcel by a metes and bounds description or in another form as authorized by legislation.³

Note:

1. Precision in legal descriptions: Countway v. Haughn and Chataway (1975), 15 N.S.R.(2d) 138, per MacKeigan C.J.N.S. (N.S.S.C.A.D.), T.O. Boyne, “Conveyancing - Legal Descriptions”, The Claims Wise Bulletin No. 20 at 1; T.O. Boyne “Legal Descriptions/Surveys”, The Claims Wise Bulletins No. 23 at 4
2. Subdivision compliance: Municipal Government Act, S.N.S. 1998, c. 18, ss. 268-292, as am. Land Registration Act, S.N.S. 2001, c. 6
3. Parcel identification: Land Registration Act, S.N.S. 2001, c. 6, ss. 19 and 37(5)

Additional Resource:

• PID may remain the same after the extent is altered
• C. Walker, Q.C., “Abstracts and the Land Registration System” in Land Registration Act Education Program, LRA Education Materials
• MacLean, Ian H / Title searching land registered parcels (May 2011)