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Standard

A lawyer may certify title which has an expropriation in fee simple as the root of title.1

When preparing an abstract of title, a lawyer must determine if there are expropriations affecting the parcel being searched.2

When the lawyer identifies an expropriation affecting a parcel, the lawyer must examine the certificate of expropriation to determine the nature of the interest expropriated. The lawyer must explain the expropriation to the client and confirm the client’s instructions prior to closing. 3


Footnotes

  1. A.G.H. Fordham, “Certification of Title to Expropriated Land”, in Practical Property 1984 (C.L.E.S.N.S., October 1984)
  2. After an interest in a parcel has been registered pursuant to the Land Registration Act, any expropriation would appear in the parcel register: Land Registration Act, S.N.S. 2001, c. 6, s. 29
  3. Standard 1.5 - Documentation of Advice and Instruction

Approved by Council on November 22, 2002