A lawyer who is retained to offer an opinion of title for a parcel of land not registered pursuant to the Land Registration Act must conduct searches based on the applicable naming standard to determine any party with an interest affecting real property interests and judgments, or advise the client(s) in writing if no applicable name searches are conducted and the possible consequences of not conducting those searches.1
Land Registration Act
A lawyer shall conduct searches based on the applicable naming standards prescribed by the Land Registration Act2 and its regulations3 to determine any party with an interest affecting real property interests and the applicability of judgments.4
When conducting searches in the Personal Property Security Registry, a lawyer shall conduct inquiries5 based on applicable naming standards prescribed by the Personal Property Security Act General Regulations6 to determine encumbrances and judgments which attach to the personal property.
A lawyer whose retainer does not include offering an opinion of encumbrances and judgments7 should advise the client in writing if no applicable name searches are conducted and the possible consequences thereof.8
1. Standard 1.5 – Documentation of Advice and Instructions.
2. Land Registration Act, S.N.S. 2001, c. 6, ss.66A and 68.
3. Land Registration Administration Regulations, ss.2(2) and 26
4. Standard 3.5 – Judgments
5. Standard 5.2 – Personal Property
6. Personal Property Security Act General Regulations, s. 19-21; see also Robie Financial Inc. v. Pye, 2009 NSSC 397 for the consequence of an error in registering the name of a debtor pursuant to the Personal Property Security Act.
7. Standard 5.2 – Personal Property
8. Standard 1.5 – Documentation of Advice and Instructions
Amended on May 18, 2018.