Standard

A lawyer who prepares an opinion of title 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

A firm or lawyer that certifies title to real property must keep available the foundation documents on which the firm or lawyer relied which would justify the certification of title by a reasonably competent lawyer.4

A lawyer who prepares a certificate of legal effect on an application for revision under the Land Registration Act must review the parcel register records5 in the appropriate land registration office and document or cause to be documented the evidence of the review.6

Footnotes

  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, s. 4(1)-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, Quieting 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, S.N.S. 2004, c 28; Regulations made pursuant to the Legal Profession Act, S.N.S. 2004, c. 28, s. 8.2.3.1
  5. Land Registration Act, S.N.S. 2001, c. 6, s. 13(3), and Standard 1.3 – Opinion of Title and Certificate of Legal Effect.
  6. Standard 1.5 – Documentation of Advice and Instruction

Additional Resources

Amended by Council on February 22, 2013