This Div is a JS Trigger

Standard

A lawyer who searches for judgments and identifies a judgment that is recorded against a debtor whose name is not materially different than the name of the owner or the purchaser must determine if the judgment affects the title being examined.1

(a)  Land Registered Parcels

A lawyer who searches for judgments on parcels that are registered under the Land Registration Act must conduct the search against the names of:

1. each Grantee for a period of 20 years prior to the date of search2; and,

2. each registered owner of the parcel at the time of search from the date of the last revision of the registered ownership, including former names of such registered owner if a Form 21 has been filed since the last revision of ownership, as well as each owner removed by virtue of Form 21 since the last revision.2

  (b) Non-Land Registered Parcels   

A lawyer who searches for judgments on parcels that are not registered under the Land Registration Act must conduct the search against the names of:

1. each Grantee for a period of twenty years2; and,

2. each owner of the parcel during the 20-year period prior to the date of the search, up to and including the registration of the conveyancing document out of that prior owner, and up to and including the date of the search for any current Grantor2.

Note: If any parties being searched are a corporation, a lawyer must only search from the date of incorporation forward, even if this is less than the prescribed period. The corporate search must also include each corporation that has been amalgamated with the corporation being searched.

Footnotes

1. Personal Property Security Act, S.N.S. 1995-96, c. 13. Note that the name standards prescribed under the Personal Property Security Act General Regulations, s. 19-22 are not applicable to searches under the Land Registration Act; Land Registration Act, S.N.S. 2001, c. 6, s. 66(A); Creditors Relief Act, R.S.N.S. 1989, c. 112, ss. 2 and 2A-2D. A judgment may now create a security interest in personal property; Land Registration Act, S.N.S. 2001, c.6, ss.5 and 66(8); Land Registration Administration Regulations made under Section 94 of the Land Registration Act, S.N.S. 2001, s. 26 (5).

2. Registry Act, R.S.N.S. 1989, c. 392, s. 20-21, Land Registration Act, S.N.S. 2001, c. 6, ss. 5 and 65-69. Note s. 65 (judgment roll) and s. 66(4)(e) - judgments recorded under the Land Registration Act expire in five years unless renewed.; Land Registration Administration Regulations made under Section 94 of the Land Registration Act, S.N.S. 2001, s. 26 (5).

Amended by Council on November 17, 2017.