Land Registration Act

Concise Answers to Legal Questions on the Land Registration Act

Prepared for the
Nova Scotia Federation of Agriculture by
LJM Environmental Consulting
in association with
the Law Office of Heather Hill
Current to 26 April 2004

Part I: The Role of the Land Registration Act

1. What is the Land Registration Act?

2. What is the most profound impact of this new legislation?

3. When does the Land Registration Act affect me?

4. What is the purpose of the Land Registration Act?

5. Which ownership rights are guaranteed under the Land Registration Act?

6. What is the difference between registered and recorded?

7. Who is a registered owner and what does that mean?

8. Are boundaries and location guaranteed under the new system?

9. What do I need to have boundaries and locations guaranteed?

10. What is the benefit to registration and why would I voluntarily register?

Part II: The Registration Process

11. When do I have to register an interest in a parcel of land

12. When can I voluntarily register an interest in a parcel of land?

13. What does not trigger registration?

14. Does the exception for the Farm Loan Board apply to Farm Credit Canada

15. What if I want to mortgage my property?

16. What if I have a mortgage with Farm Credit Canada?

17. What happens when a mortgage is paid off?

18. What is the process of registering my parcel of land?

19. Can I do the registration by myself?

20.What will my lawyer require from me in order to carry out the migration of my property from the old system to the new system?

21. Is there a simple way to consolidate my lots?

22. Is there a migration part of a sale of property?

23. How long will the migration process take?

Part III: The Cost to Register

24. What are the fees for migrating my parcel of property?

25. What will the legal fee be for migrating my parcel of property?

26. Between a buyer and a seller who pays for a migration?

Disclaimer

Every reasonable attempt has been made to ensure that the information in this Resource Guide is accurate. However, the legislative provisions contained in this Resource Guide should be relied upon for general information purposes only. The Resource Guide is not legal advice and is not intended to replace official government publications or expert legal advice. LJM Environmental Consulting, the Law Office of Heather Hill and the Nova Scotia Federation of Agriculture assume no responsibility for the accuracy or reliability of this information. For official legislative provisions consult the relevant federal and provincial statutes and regulations.