[This electronic version is for your personal use and may not be copied for the purposes of resale in this or any other form. Formatting of the electronic version may differ from the official, printed version.]


BILL NO. 18


Local Bill


6th Session, 56th General Assembly

Nova Scotia

46 Elizabeth II, 1997





An Act to Amend Chapter 72

of the Acts of 1897,

the Lunenburg Common Lands Act






Lila O'Connor

Lunenburg








Halifax

Printed by Queens Printer for Nova Scotia




An Act to Amend Chapter 72

of the Acts of 1897,

the Lunenburg Common Lands Act



Be it enacted by the Governor and Assembly as follows:


1 Section 13 of Chapter 72 of the Acts of 1897, the Lunenburg Common Lands Act, as enacted by Chapter 10 of the Acts of 1997, is amended by adding immediately after subsection (1) the following subsection:


(2) Possession, occupation or use of that portion of the common lands, or any part thereof, that was, pursuant to this Act, immediately before the coming into force of this subsection, under the control and management of the Council of the Municipality of the County of Lunenburg before, on or after the ninth day of December, 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 control and management of the lands, unless the estate, right, title or interest arose before the ninth day of December, 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 control and management of the 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 before the ninth day of December, 1997;


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


Return to Status of Bills