When auditing a Recording, some of the transaction types include time sensitive documents based on prescribed land registry instrument and recordings enabled by a statutory declaration.
Statistics
During year one of the program, Recordings on 36 different PIDs were audited and mistakes were found on 3 PIDs (8%). There were instances where one PID contained several mistakes which required correcting.
Common Issue
When submitting a recording, confirm that the form being used is the proper one prescribed pursuant to section 4 of the Regulations, which also indicates whether a Certificate of Legal Effect (“CLE”) is required.
Obligation
Section 4 of the Regulations provides the list of prescribed forms
(1) The forms listed in the following table and as attached to these regulations are prescribed to be used in the administration of the Act for the purposes stated and must include a certificate of legal effect in the manner prescribed in the form as required:
| Form No. | Purpose of Form | Certificate of Legal Effect Included |
|---|---|---|
| 1 | to request a PID assignment | no |
| 2 | to submit a PDCA electronically or to amend the legal description in a parcel register electronically | no |
| 5 | to provide a declaration by the registered owners of a parcel on their residency status and whether the parcel is occupied without permission | no |
| 6 | to submit an AFR electronically | yes |
| 6A | to correct errors or omissions in information previously submitted with a certificate of legal effect | yes |
| 8 | to give notice to a parcel owner as required under Sections 14, 15, 16, and 18 | no |
| 8A | to register notice under the Registry Act as required under Section 14 | no |
| 9 | to give notice to an occupier or the most recent owner as shown on the consolidated index under Section 10 | no |
| 10 | to give notice of crystallization of a floating charge in a debenture that affects a parcel registered under the Act | no |
| 15 | to give notice requiring the registrar to cancel the recording of a security interest in accordance with subsection 60(2) of the Act | yes |
| 15A | to give notice as required under Section 63 of the Act, requiring a registrar to cancel the recording of a recorded interest or judgment that is recorded in a parcel register, and to provide proof of service of the notice to the holder of the interest or judgment | yes |
| 16 | to renew the recording of a judgment in accordance with subsection 66(5) of the Act | no |
| 19 | to record a certificate of lis pendens against a parcel registered under the Act in accordance with Section 58 of the Act | no |
| 20 | to update the name or address of a judgment debtor in accordance with subsection 26(3) | no |
| 21 | in accordance with Section 22 of the Act, to register a change of name of an owner of an interest in a parcel register, to remove a deceased joint tenant as owner of a parcel registered under the Act in accordance with Section 27 of the Act, or to correct the misspelling of the name of an owner of an interest in a parcel register | yes – to correct misspellings |
| 22 | to change the mailing address in a parcel register for a registered owner or recorded interest holder, or, occupier of lands owned by the Nova Scotia Farm Loan Board | no |
| 24 | to change a registered interest and appurtenant interests or other interests and information in a parcel register, in accordance with Sections 29 to 32 and 37A of the Act | yes |
| 26 | to record an interest in a parcel register, in accordance with Section 47 of the Act to record a power of attorney or revocation of a power of attorney | yes |
| 26L | to enable a lender, or a lender’s authorized agent, to record a mortgage or mortgage-related document, to which the lender, or a predecessor organization, is a party | no |
| 26N | to file a Form 9 and written directives in a parcel register under Section 10 | no |
| 27 | to request cancellation of a recorded interest | yes |
| 27L | to enable a lender, or a lender’s authorized agent, to record a release of a mortgage or mortgage-related document, to which the lender, or a predecessor organization, is a party | no |
| 28 | to record any of the following relating to a parcel registered under the Act: a plan, boundary line agreement, statutory declaration for a deemed consolidation under Section 268A of the Municipal Government Act an instrument of subdivision or repeal of subdivision a condominium declaration, condominium plan, initial condominium bylaws, or termination of condominium | no |
| 45 | to add, confirm, delete and correct the interests, textual qualifications or parcel access type that are either not shown in the parcel register or have been placed in, or removed from, a parcel register on subdivision or registration of a condominium declaration, in accordance with subsection 13(5) of the Act and Section 9 | yes |
| 46 | to record a certificate of judgment in the judgment roll | no |
| 47 | to record a certificate of satisfaction relating to a judgment in the judgment roll | no |
| 48 | to record a full or partial release of a judgment in the judgment roll | no |
| 48A | to cancel the recording of a judgment or a judgment-related document in a parcel register with a document other than a discharge of judgment | yes |
| 48B | to record a judgment-related document in the judgment roll and in a parcel register | no |
| 49 | to correct an error in a request to record or request to cancel a recorded interest, which was previously submitted without a certificate of legal effect | yes |
| 50 | to update a parcel register to transfer an unregistered tenant in common interest in accordance with subsection 25(3) | no |
Fixes
Confirm that you are using the correct form and whether a CLE is required.