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A lawyer should maintain familiarity with new and existing legislation affecting title or ownership rights and responsibilities. A lawyer should inquire as to the nature of a parcel and a client’s proposed use of the parcel and then ensure the lawyer is familiar with any particular legislation affecting the use.

When a client decides to acquire a parcel subject to legislative restrictions, a lawyer must explain the restrictions to the client and confirm the client’s instructions prior to closing. 1


  1. Standard 1.5 - Documentation of Advice and Instruction

Additional Resources

  • Nova Scotia Barristers’ Society 2001 - Practice Materials (Carswell 2001) [CD-ROM] (available through Admissions and Professional Development), Real Estate Law, Section 1 - Conveyancing, Introduction
  • Local restrictions: See, for example, Aeronautics Act, R.S.C. 1985, c. A-2, an Act Respecting Rosebank Park, S.N.S. 1915, c. 108
  • Land Registration Act, S.N.S. 2001, c. 6, s. 37

Approved by Council on November 22, 2002