Standard
A lawyer should maintain familiarity with new and existing legislation affecting title or ownership rights and responsibilities. A lawyer should inquire as to the nature of a parcel and a client’s proposed use of the parcel and then ensure the lawyer is familiar with any particular legislation affecting the use.
When a client decides to acquire a parcel subject to legislative restrictions, a lawyer must explain the restrictions to the client and confirm the client’s instructions prior to closing. 1
Footnotes
Additional Resources
- Nova Scotia Barristers’ Society 2001 – Practice Materials (Carswell 2001) [CD-ROM] (available through Admissions and Professional Development), Real Estate Law, Section 1 – Conveyancing, Introduction
- Local restrictions: See, for example, Aeronautics Act, R.S.C. 1985, c. A-2, an Act Respecting Rosebank Park, S.N.S. 1915, c. 108 (page 300 of linked document), and as amended S.N.S. 1960, c. 68 (page 302 of linked document).
- Land Registration Act, S.N.S. 2001, c. 6, s. 37
Approved by Council on November 22, 2002