Standard
When there are defects in the chain of title and the land is located within the boundaries of a Land Titles Clarification area a lawyer should consider whether the Land Titles Clarification Act is an appropriate mechanism for clarifying title.
Practice Notes
A certificate of title issued pursuant to the Land Titles Clarification Act and registered pursuant to the Land Registration Act vests an absolute and indefeasible fee simple interest in the person named in the certificate subject to any liens, judgments, encumbrances, reservations and such exceptions or other qualifications mentioned in the certificate or the Act1.
A certificate of title is a good root of title.
Entitlement to land located in a land titles clarification area can be established through evidence of use and occupation but does not require that an applicant meet the common law standard of adverse possession.
Claims are to be determined on a case-by case basis2.
A certificate of title issued under the Land Titles Clarification Act is a trigger for migration. The migrating lawyer must contact the Registrar General so that a form 32 can be issued which forms the enabling instrument for the migration. The application for registration must include a textual qualification that indicates the certificate of title issued by the court will be registered on title after the migration is complete.
Footnotes
- Land Titles Clarification Act, R.S.N.S., c. 250.
- Downey v. Nova Scotia, 2020 NSSC 201
Additional Resources
Beals v. Nova Scotia (Attorney General), 2020 NSSC 60
Approved by Council on March 21, 2025.