Standard
A lawyer representing a party acquiring a parcel from individuals carrying on as a partnership must examine the manner in which title was taken and ensure that all partners required to execute the conveyance, sign either personally or by representation.1
A lawyer representing a limited partnership with respect to a transaction involving land should ensure that the interest in the land is held, acquired or transferred, as appropriate, by the general partner of the limited partnership.2
Footnotes
1. See Partnership Act, R.S.N.S. 1989, c. 334. See also Registrar General’s Communique Issue 6: “AFR Rejection Criteria – Trusts and Partnerships”.
2. See Limited Partnerships Act, R.S.N.S. 1989, c.259 s. 8(3) which requires that the general partner of a limited partnership hold the title to the real property owned by the limited partnership.
Additional Resources
- A.H. Oosterhoff, and W.B. Rayner, Anger and Honsberger Law of Real Property, 2d ed. (Toronto: Canada Law Book 1985) at p.1256.
- D.H. Lamont, Real Estate Conveyancing, (Toronto: Law Society of Upper Canada, 1976) at p.294-295.
Amended by Council on November 17, 2017