2.4 Plans and Surveys

Standard

A lawyer must advise the client that the lawyer does not deal with ‘extent’ and that boundary and location are only ascertained through a survey. In preparing an opinion of title, a lawyer must advise the client that any opinion provided to the client will be qualified as being subject to survey as soon as practicable and in any event prior to closing.¹

Before finalizing an opinion of title, a lawyer must examine plans arising from the search and survey information affecting the parcel and advise the client of any encroachments, or easements shown on the plan. A lawyer should identify and reconcile where possible any material discrepancies between the legal description for the parcel or any information contained in the abstract, and survey information.²

After preparing an opinion of title, a lawyer should advise the client of material discrepancies between plans arising from the search and survey information affecting the parcel. The lawyer must confirm the client’s instructions prior to closing.³

A lawyer should explain to their client the difference between obtaining an up-to-date survey or location certificate and obtaining a title insurance policy.⁴

Footnotes

1. Opinions subject to survey: Ravina and A & R Properties Ltd. v. Stern (1987), 77 N.S.R. (2d) 406, per Clarke C.J.N.S. (N.S.S.C.A.D.)
2. Advice about survey matters: Marwood v. Charter Credit Corp. (1971), 2 N.S.R. (2d) 743, per Coffin J.A. (N.S.S.C.A.D.)
3. Standard 1.5: Documentation of Advice and Instruction
4. See Standard 5.5: Title Insurance

Additional Resources

• Parcel descriptions: Land Registration Act, S.N.S. 2001, c. 6, s. 21(1)
• MacLean, Ian H / Title searching land registered parcels (April 2016)
• Robinson, K. H. Anthony / Location Certificates, (Continuing Legal Education Society of Nova Scotia, March 1982)

Practice Note

It is good practice to provide a copy of any survey or plan material showing the approved lot to the client for review, particularly if the approved plan is an instrument of subdivision, as instruments of subdivision are not usually drawn to the same standard as survey plans. A client who is familiar with the land may identify a problem which the lawyer would not have the knowledge to recognize. It is also good practice to request any plans that the client may have in their possession, especially in instances where no plan arises from the title search conducted as they provided valuable information that can assist the lawyer.

Revised by Council on September 25, 2020 and January 25, 2025.