Real Estate
2.6 Tidal Waters/Non-Tidal Waters
A lawyer must explain to the client the limits of a parcel boundary located beneath or adjacent to water. Where a parcel is bounded by water, the lawyer should include in the explanation of the limits of the parcel that there is an increased risk that all, or a portion, of the parcel is “infill”. The lawyer should explain to the client how title to infilled areas may be acquired and the risk of losing the opportunity to acquire title pursuant to the provisions of the Land Registration Act.
The lawyer must confirm the explanation of the limitations to the client. The lawyer must confirm the client’s instructions prior to closing.1
Note:
Additional Resources:
- Caselaw on Qualifications: Ravina and A & R Properties Ltd. v. Stern(1987), 1987 Carswell NS 348, 77 N.S.R. (2d) 406, 191 A.P.R. 406 (C.A.)
- G.V. LaForest Water Law in Canada (Information Canada, 1970) and K.H.A. Robinson, “Alteration of a Water Course” in Real Estate (C.L.E.S.N.S., April 1994)
- Vesting of watercourses: Environment Act, S.N.S. 1994-95, c. 1, s. 103
- Acquisition of an interest in a watercourse by adverse possession or prescription: Environment Act, S.N.S. 1994-95, c. 1, s. 108, as am. Land Registration Act, S.N.S. 2001, c.6, s. 103(3)
- Chapman, Anthony L. / Of Wharves, Water Lots and Kings - Paper and Schedule (2005)
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Gordon QC, Garth C./ Water Lots, Watercourses & Wetlands (Nova Scotia): an Aide Memoire for Reviewing Title and Uses (June 2010)