Land Law

Every person, whether they are resident in the country or abroad, and every company, home or foreign, is allowed to acquire real estate, including islands, in general in Canada and in particular in Nova Scotia. 

Ownership rights and the legal particulars of the purchase of the property only differ slightly from province to province in Canada. When one buys a property, the first step is to enter into a purchase agreement. This document sets out the conditions of purchase, including purchase price, the amount of down payment and the date on which the title is transferred to the buyer, delineation of property taxes and other applicable charges, as well as several other standard clauses that are normally included in purchase agreements. This purchase document does not transfer the title. It is an agreement that the title is transferred at a future date in accordance to the conditions specified in the contract. The title is transferred by a written document, a "Warranty Deed" (guaranteed ownership title). This document is then registered at the Registrar of Deeds of the county where the property is located. The buyer is then the registered and legal owner of the property. The land register enjoys “public faith”, and is state-guaranteed. 

Before you enter into a purchase agreement, you should seek advice from a local lawyer. The lawyer will inform you about the legal and proper conditions, which should be contained in any agreement. If you are not in a position of avail of the services of a lawyer before signing the purchase agreement, you can make the implementation of the contract subject to the review of same by your lawyer.




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