Property Ownership, Interests, and Title
Core Concepts
Candidates must understand the different types of property ownership in Nova Scotia: fee simple, life estate, leasehold, and co-ownership (joint tenancy and tenancy in common). You should know how title is held, the concept of title search, and the role of the Land Registry (now the Parcel Registry under the Land Registration Act). Also, understand encumbrances such as easements, restrictive covenants, and liens, and how they affect title. Know the difference between registered and unregistered land, and the assurance fund.
Traps in Questions
A common trap is the distinction between joint tenancy and tenancy in common. Joint tenants have right of survivorship; tenants in common do not. Another trap is the treatment of matrimonial property – under the Matrimonial Property Act, the matrimonial home has special protections. Also, questions may test the effect of a lien or encumbrance on title and how it is discharged.
Worked Example / Rule of Thumb
Rule: When a property is owned by joint tenants and one dies, the surviving joint tenant automatically becomes the sole owner. For example, if a husband and wife own as joint tenants and the husband dies, the wife solely owns the property without probate. If they owned as tenants in common, the husband's share would go to his estate.
Additional Concepts
Understand the Land Registration Act and the move to a parcel-based registry. Know the concept of indefeasibility of title and the exceptions (e.g., fraud). Also, be familiar with the role of the Assurance Fund for compensation for errors in the registry.