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BILL NO. 16





Local Bill




5th Session, 56th General Assembly
Nova Scotia
46 Elizabeth II, 1997




An Act to Amend Chapter 72

of the Acts of 1897,

An Act Relating to Common Lands

in the County of Lunenburg





CHAPTER 10
ACTS OF 1997




Lila J. O'Connor
Lunenburg




AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
MAY 9, 1997




Halifax
Printed by Queen's Printer for Nova Scotia







An Act to Amend Chapter 72

of the Acts of 1897,

An Act Relating to Common Lands

in the County of Lunenburg





Be it enacted by the Governor and Assembly as follows:

1 Chapter 72 of the Acts of 1897, An Act Relating to Common Lands in the County of Lunenburg, is amended by renumbering Section 1 thereof as 1A and adding immediately preceding that Section the following Section:

1 This Act may be cited as the Lunenburg Common Lands Act.

2 Said Chapter 72 is further amended by adding immediately following Section 12 thereof the following Section:

13 (1) Possession, occupation or use of the said common lands or any part thereof before, on or after the first day of May, 1997, does not give to any person any estate, right, title or interest therein as against those persons who, pursuant to this Act, have the manage- ment and control of the lands, unless the estate, right, title or interest arose prior to the first day of May, 1997, and, for greater certainty,

(a) notwithstanding the Limitation of Actions Act, that Act does not bar the right of persons who, pursuant to this Act, have the management and control of any of the said common lands, to make, at any time, an entry on the lands or distress with respect to the lands, or to bring, at any time, an action or proceeding to recover the lands or rent therefrom unless the right was barred by that Act prior to the first day of May, 1997;

(b) no claim may be made by prescription to any way or easement in, on or over any of the said common lands against those persons who, pursuant to this Act, have the management and control of those lands unless the way or easement existed prior to the first day of May, 1997.