Real Estate
2.4 Plans and Surveys
In preparing an opinion of title, a lawyer must advise the client that any opinion provided to the client will be qualified as being subject to survey.1
A lawyer must advise the client that the lawyer does not deal with ‘extent’ and that boundary and location are only ascertained through a survey and recommend that the client retain the services of a surveyor to determine the extent of title to the parcel being examined.
A lawyer must confirm the qualification of the opinion as subject to survey prior to closing. The lawyer must confirm the client’s instructions prior to closing.2
Before finalizing an opinion of title, a lawyer must examine plans arising from the search and survey information affecting the parcel. A lawyer should identify and reconcile where possible any material discrepancies between the legal description for the parcel or any information contained in the abstract, and survey information.3
After preparing an opinion of title, a lawyer should advise the client of material discrepancies between plans arising from the search and survey information affecting the parcel.
Note:
- Opinions subject to survey: Ravina and A & R Properties Ltd. v. Stern (1987), 77 N.S.R. (2d) 406, per Clarke C.J.N.S. (N.S.S.C.A.D.)
- Standard 1.5 - Documentation
- Advice about survey matters: Marwood v. Charter Credit Corp. (1971), 2 N.S.R. (2d) 743, per Coffin J.A. (N.S.S.C.A.D.)
Additional Resources:
- Parcel descriptions: Land Registration Act, S.N.S. 2001, c. 6, s. 21(1)
- MacLean, Ian H / Title searching land registered parcels (May 2011)