Land Registration Act (amended)

BILL NO. 107

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Government Bill

Land Registration Act
(amended)

The Honourable Angus MacIsaac
Minister of Service Nova Scotia and Municipal Relations

First Reading: April 3, 2002

(Explanatory Note)

Second Reading: May 7, 2002

Third Reading: May 28, 2002 (WITH COMMITTEE AMENDMENTS)

Explanatory Note

This Bill makes housekeeping amendments to the Land Registration Act to eliminate ambiguities that exist in the wording of the Act thereby improving the operation of the new land-registration system established by the new Act.

An Act to Amend Chapter 6
of the Acts of 2001,
the Land Registration Act

Be it enacted by the Governor and Assembly as follows:

1 (1) Clause 3(1)(z) of Chapter 6 of the Acts of 2001, the Land Registration Act, is amended by adding ", except as otherwise provided in this Act" immediately after "mail".

(2) Subsection 3(2) of Chapter 6 is amended by striking out "land" in the first line and substituting "a parcel".

(3) Subsection 3(4) of Chapter 6 is amended by striking out "land" in the fifth line and substituting "parcel".

(4) Subsection 3(5) of Chapter 6 is amended by striking out "land" in the fifth line and substituting "parcel".

2 Subsection 6(4) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

3 Clause 8(3)(a) of Chapter 6 is amended by striking out "registry" in the second line and substituting "registration".

4 Subsection 12(2) of Chapter 6 is repealed and the following subsection substituted:

(2) An instrument creating, charging or transferring easements or other rights to use land owned by a utility or municipality may be registered or recorded in a utility roll in lieu of being registered or recorded in each parcel register.

5 (1) Subsection 13(1) of Chapter 6 is amended by

(a) striking out "fee simple absolute in the parcel" in the second and third lines of clause (f) and substituting "interest in the parcel described in clauses 17(1)(a), (b) and (c)";

(b) adding ", except where the interest is being conveyed by Her Majesty in right of the Province" immediately after "interest" in the second line of clause (g);

(h) any statement made pursuant to Section 38;

and

(d) striking out "fee simple" in the second line of clause (i) and substituting "interests described in clauses 17(1)(a), (b) and (c)".

(2) Subsection 13(3) of Chapter 6 is amended by adding "registered or" immediately after "a" the second time it appears in the first line.

6 Subsection 18(9) of Chapter 6 is amended by striking out "land" in the third line and substituting "a parcel".

7 Section 19 of Chapter 6 is amended by striking out "property" in the third line and substituting "parcel".

8 (1) Subsection 22(1) of Chapter 6 is amended by

(a) striking out "land" in the second line and substituting "a parcel"; and

(b) striking out "by that person" in the first line of clause (a).

(2) Subsection 22(3) of Chapter 6 is amended by striking out everything immediately following "roll" in the second line to the end of the subsection and substituting a period.

9 (1) Section 25 of Chapter 6 is amended by striking out "petition for" wherever it appears in subsections (1), (2) and (3) and substituting in each case "grant of".

(2) Subsection 25(4) of Chapter 6 is repealed.

10 Subsection 27(3) of Chapter 6 is repealed.

11 Subsection 32(1) of Chapter 6 is amended by

(a) striking out "land" in the first line of clause (c) and substituting "parcel"; and

(b) striking out "land" in the fifth last line and substituting "parcel".

12 Subsection 33(1) of Chapter 6 is amended by adding "a registration or" immediately after "where" in the second line.

13 Subsection 35(5) of Chapter 6 is amended by

(a) striking out "property" in the second line of clause (a) and substituting "parcel";

(b) striking out "property" in the first and second lines of clause (c) and substituting "parcel"; and

14 Subsection 36(1) of Chapter 6 is amended by

(a) striking out "land" in the second line of clause (a) and substituting "a parcel";

(b) striking out "revision" in the second line of clause (b) and substituting "rectification"; and

15 (1) Subsection 37(1) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

(2) Subsection 37(2) of Chapter 6 is amended by

(a) striking out "Any" in the first line and substituting "Subject to Section 46, any"; and

(b) striking out "land" in the fourth line and substituting "parcel".

(3) Subsection 37(4) of Chapter 6 is amended by

(a) adding immediately after clause (b) the following clause:

(ba) a statement of whether and, if so, for what purpose a title insurance policy was issued in respect of the parcel;

and

(b) striking out "property" in the last line of clause (g) and substituting "parcel".

(4) Subsection 37(5) of Chapter 6 is amended by striking out "land" in the second line and substituting "parcel".

(5) Subsection 37(6) of Chapter 6 is amended by striking out "land" in the second line and substituting "parcel".

(6) Subsection 37(9) of Chapter 6 is amended by

(a) striking out "land" in the third line and substituting "parcel"; and

(b) adding "or to the standard required pursuant to the Limitation of Actions Act or the common law" immediately after "Act" in the last line of clause (a).

16 (1) Subsection 39(3) of Chapter 6 is amended by striking out "land" in the last line and substituting "parcel".

(2) Subsection 39(8) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

(3) Subsection 39(9) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

(4) Subsection 39(13) of Chapter 6 is amended by striking out "land" in the third line and substituting "a parcel".

(5) Subsection 39(18) of Chapter 6 is amended by striking out "land" in the first line and substituting "a parcel".

(6) Section 39 of Chapter 6 is further amended by adding immediately after subsection (18) the following subsection:

(19) An application for a determination pursuant to this Section may be made either before or after a parcel is first registered pursuant to this Act.

17 Section 40 of Chapter 6 is amended by adding immediately after subsection (3) the following subsections:

(3A) For the purpose of this Act, a life interest that has vested more than eighty years before the date of registration is not an interest in a parcel.

(3B) For the purpose of this Act, a conditional sales agreement or lease with respect to fixed appliances, furnaces or other heating devices dated more than ten years prior to the date of first registration is not an interest in a parcel.

18 Section 41 of Chapter 6 is amended by adding "(1)" immediately after the Section number and by adding the following subsection:

(2) Any plan of survey used pursuant to the Land Titles Clarification Act or the Quieting Titles Act shall be recorded along with the order, certificate or enactment referred to in subsection (1).

19 Subsection 43(1) of Chapter 6 is amended by striking out "land" in the fourth line and substituting "parcel".

20 Subsection 46(3) of Chapter 6 is amended by adding immediately after clause (a) the following clauses:

(aa) with respect to parcels acquired by Her Majesty in right of the Province or a municipality for the purpose of road widening, alignment or movement;

(ab) in a deed that conveys an interest of a predecessor in title to the present owner being used to feed the estoppel or clarify title;

(ac) between persons who are parties to a registered domestic partnership agreement;

21 Subsection 57(1) of Chapter 6 is amended by

(a) adding ", other than a security interest, " immediately after "interest" in the first line; and

(b) striking out clause (c) and substituting the following clause:

(c) when the time for which the interest is effective has expired, subject to any recorded renewal, amendment or termination.

22 Subsection 58(3) of Chapter 6 is amended by striking out "land" in the third line and substituting "parcel".

23 Subsection 59(2) of Chapter 6 is amended by striking out "land" in the last line and substituting "parcel".

24 (1) Subsection 60(1) of Chapter 6 is repealed and the following subsection substituted:

(1) Where there are reasonable and probable grounds to believe that

(a) all of the obligations under the security interest have been performed;

(b) the holder of the security interest has agreed to release all or part of the collateral;

(d) no security interest exists,

the debtor named in the security interest, a person who has or had a registered interest in the parcel to which the security interest purportedly relates or the solicitor of the debtor or the person with the registered interest may serve a written demand on the holder of the security interest, by registered mail or as otherwise prescribed by regulation, requiring the holder to discharge the interest so far as it relates to the parcel or to discharge the interest so far as it relates to the collateral agreed to be released or not included in the security interest.

(2) Subsection 60(2) of Chapter 6 is amended by striking out "given" in the third line and substituting "served".

(3) Section 60 of Chapter 6 is further amended by adding immediately after subsection (2) the following subsection:

(2A) For the purpose of this Section, service shall be by registered mail or as prescribed.

25 Section 61 of Chapter 6 is amended by striking out "land" in the first line and substituting "a parcel".

26 (1) Subsection 63(1) of Chapter 6 is repealed and the following subsection substituted:

(1) The registered owner of a parcel may send a notice requiring cancellation of a recorded interest or a judgment referenced in the parcel register by serving notice on the holder of that interest or judgment to take proceedings in the court to substantiate the interest or judgment.

(2) Section 63 of Chapter 6 is further amended by adding immediately after subsection (2) the following subsection:

(2A) For the purpose of this Section, service shall be by registered mail or as prescribed.

(3) Clause 63(4)(c) of Chapter 6 is amended by striking out "land" in the second line and substituting "parcel".

27 (1) Subsection 65(4) of Chapter 6 is amended by striking out "register" in the last line and substituting "roll".

(2) Subsection 65(6) of Chapter 6 is amended by striking out "property" in the second and in the fourth lines and substituting in each case "parcel".

28 (1) Subsection 66(6) of Chapter 6 is amended by striking out "registered interest" in the second line and substituting "parcel".

(2) Section 66 is further amended by adding immediately after subsection (8) the following subsection:

(9) No judgment that has been removed from the judgment roll may be again recorded in the judgment roll.

29 Subsection 68(3) of Chapter 6 is amended by striking out "registered in the name of" in the second last line and substituting "owned by".

30 Section 70 of Chapter 6 is amended by striking out "land" in the third line and substituting "a parcel".

31 Clause 73(1)(f) of Chapter 6 is amended by

(a) striking out "land" in the third line and substituting "parcel"; and

(b) adding "Section 75 of" immediately after "to" in the last line.

32 Section 74 of Chapter 6 is amended by

(a) striking out "land" in the fourth and in the fifth lines and substituting in each case "parcel"; and

(b) striking out everything immediately after "unless" in the fifth line to the end of the Section and substituting:

(a) an order of the court;

(b) a certificate of lis pendens;

(d) an agreement of the registered owner confirming the interest,

has been recorded before that time.

33 Section 75 of Chapter 6 is amended by adding immediately after subsection (1) the following subsection:

(1A) An owner of an undivided interest in a parcel may acquire the whole interest in the parcel by adverse possession or prescription after the parcel is first registered pursuant to this Act.

34 (1) Subsection 77(1) of Chapter 6 is amended by striking out "an" in the fourth line and substituting "the mailing".

(2) Subsection 77(4) of Chapter 6 is repealed and the following subsection substituted:

(4) All current addresses of a person shown in a parcel register are the addresses for service of all notices and documents given pursuant to this Act.

35 Chapter 6 is further amended by adding immediately after Section 115 the following Section:

115A The changes to the Limitation of Actions Act contained in Section 115 apply to interests that arise before or after the coming into force of this Act except for claims of adverse possession that were determined by a court prior to the coming into force of this Act.

36 Chapter 6 is further amended by adding immediately after Section 116 the following Section:

116A Subsection 29(5) of Chapter 277 of the Revised Statutes, 1989, the Mechanics' Lien Act, is amended by striking out "the registrar" in the second last line and substituting "a solicitor of the Supreme Court of Nova Scotia".

37 Subsection 122(1) of Chapter 6 is repealed and the following subsection substituted:

(1) Section 6 of Chapter 382 of the Revised Statutes, 1989, the Quieting Titles Act, is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out "the registrar of deeds for the registration district in which the land lies, or by" in the second, third and fourth lines; and

(2) Where the land is registered pursuant to the Land Registration Act, the plaintiff shall file with the originating notice a certified copy of the parcel register.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated May 31, 2002. Send comments to legc.office@novascotia.ca.

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