Lawyers´ Insurance Association of Nova Scotia

3.1 Abstracting

Before preparing an opinion of title, a lawyer must prepare or cause to be prepared an abstract of title derived from a search of the records in the appropriate land registration office. A lawyer must base the lawyer’s opinion of title on the abstract of title.¹

An abstract of title must

1. be in writing;
2. commence with a root of title as prescribed by legislation and common law;²
3. be complete; and
4. be capable of being read and understood by a person who has not searched the title, without reference to any documents or records external to the abstract.³

The Nova Scotia Barristers’ Society Regulations require that where a firm or lawyer certifies title to real property, the firm or lawyer must keep available an abstract of title or such title information or certificate of title on which the firm or lawyer relied which would justify the certification of title by a reasonably competent lawyer.⁴

Before preparing a certificate of legal effect on an application for revision under the Land Registration Act, a lawyer must review the parcel register records in the appropriate land registration office and document or cause to be documented the evidence of the review.

Note:

1. Statutory requirement for application for registration: Land Registration Act, S.N.S. 2001, c. 6, s. 37(9)
2. Root of title - legislation and common law:Marketable Titles Act, S.N.S. 1995-96, c. 9, ss. 4(1) and 4(2) [as to root] as am. Land Registration Act, S.N.S. 2001, c. 6, s. 116(1), Land Registration Act, S.N.S. 2001, c. 6, s. 37(9) as am. S.N.S. 2002, c. 19, s. 15(6), Quieting of Titles Act, R.S.N.S. 1989, c. 382; Cases: Olsen Estate v. ASC Residential Properties Ltd. (1990), 102 N.S.R.(2d) 94, per Hall L.J.S.C. (N.S.S.C.T.D.); Hebb v. Woods (1996), 150 N.S.R.(2d) 16 (S.C.)
3. Content of abstract: (Ratto et al v. Rainbow Realty Ltd., Clarke Huestis, Purcell, Thompson and Thompson & Purcell Surveying Ltd. et al). (1984), 68 N.S.R.(2d) at 51, per Nathanson J. (N.S.S.C.T.D.)
4. Legal Profession Act, SNS 2004, c 28; NSBS Reg. 8.2.3.1

Additional Resources:

• 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)