A certificate of title issued pursuant to the Quieting Titles Act and registered pursuant to the Land Registration Act is absolute and indefeasible as regards the Crown and all persons subject to such exceptions or qualifications as enumerated in the certificate or the Act1.
A certificate of title issued under the Quieting Titles Act is a good root of title where the certificate recognizes a fee simple interest.
A certificate of title issued under the Quieting Titles Act is a trigger for migration unless the certificate of title was recorded under the Registry Act. 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.
- Quieting Titles Act, R.S.N.S. 1989, c. 382, s. 1
- Land Registration Act, S.N.S. 2001, c. 6, s. 46(1)(d)
- Recording of plan: Land Registration Act, S.N.S. 2001, c. 6, s. 41(2)
- Nova Scotia (Attorney General) v. Brill, 2010 NSCA 69
- Supreme Court of Nova Scotia Practice Memorandum #11
Amended by Council on November 25, 2022