Regulations - Marketable Titles

This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

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Notice of Claim Regulations

made under Section 8 of the
Marketable Titles Act
S.N.S. 1995-96, c. 9
O.I.C. 96-513 (July 3, 1996), N.S. Reg. 119/96
1 These regulations may be cited as the Notice of Claim Regulations.
2 In the Marketable Titles Act and these regulations,
(a) "persons assessed for the land" means persons assessed for the land pursuant to the Assessment Act; and
(b) "preserve" means to prevent the extinguishment of an interest in land pursuant to subsection 4(4) of the Act.
3 A notice of claim pursuant to Section 5 of the Marketable Titles Act shall be made under oath or by affirmation.
4 (1) A notice of claim shall be in the form attached as Form 1 to these regulations.
(2) A notice of claim shall be completed in accordance with the instructions for completion of a notice of claim set out in Form 1.
5 A notice of claim shall include
(a) the full name of the claimant;
(b) the address of the claimant;
(c) the names of all persons with interests in the land known to the claimant;
(d) the names of any persons shown to be owners of the land in the land information database of the Land Information Services Division of Service Nova Scotia and Municipal Relations, or if no owner is shown or no property record is available, the persons assessed for the land;
(e) a description of the land in which the interest is claimed;
(f) the property identification (PID) number assigned to the land by the Land Information Services Division of Service Nova Scotia and Municipal Relations, or if no number has been assigned or no property record is available, the assessment account number or the municipal tax account number for the land;
(g) the nature of the interest in the land claimed;
(h) a summary of the basis for the claim;
(i) the recording particulars (including book and page, parties and date) of every instrument constituting the chain of title on which the claim is based; and
(j) the book and page, nature of instrument, parties and date, of the last registered instrument on which the claim is based.
6 (1) A notice of claim that does not include all of
(a) the full name of the claimant;
(b) the names of any persons shown to be owners of the land in the land information database of the Land Information Services Division of Service Nova Scotia and Municipal Relations, or if no owner is shown or no property record is available, the persons assessed for the land;
(c) the property identification (PID) number assigned to the land or any part of it by the Land Information Services Division of Service Nova Scotia and Municipal Relations, or if no number has been assigned or no property record is available, the assessment account number or the municipal tax account number for the land; and
(d) the book and page, nature of instrument, parties and date, of the last registered instrument on which the claim is based
shall not be accepted by a registrar of deeds.
(2) If any of the information in clause (1)(b) or (c) cannot be obtained or does not exist, the notice of claim may be accepted if the notice of claim includes an explanation satisfactory to the registrar of deeds of why the information is not available and the steps taken to ascertain the information.
7 (1) A notice of claim is only effective with respect to the interest of the person or persons signing the notice of claim.
(2) A notice of claim may be signed by more than one claimant.
(3) A notice of claim may be registered on behalf of a claimant by an attorney provided the power of attorney is registered.
8 (1) Where the land is situated in more than one registration district, a notice of claim shall be registered in the registry of deeds for each registration district within which any part of the land is situate.
(2) The fee for registering a notice of claim is the same as for other documents affecting real property registered pursuant to the Registry Act.
(3) A notice of claim shall be indexed in the consolidated index of the registry of deeds for the registration district in which it is registered, showing
(a) the name of the claimant as grantee; and
(b) the names of any persons shown to be owners of the land in the land information database of the Land Information Services Division of Service Nova Scotia and Municipal Relations, or if no owner is shown or no property record is available, the persons assessed for the land, as shown on the notice of claim, as grantors.
(4) The registrar of deeds shall make a marginal note referring to the registration of the notice of claim on the margin of the document referred to in the notice of claim as the last registered instrument on which the claim is based.
Form 1- Notice of Claim
Pursuant to the Marketable Titles Act S.N.S. 1995-96, c. 9

For Registry Use Only

Claimant(s):
Listed owners:
Last registered instrument
Book Page PID Number
Assessment Account Number
Municipal Tax Account Number

TAKE NOTICE that I, ________________________ presently of _______________________ claim an interest in the land described in Schedule "A".
1. The nature of the interest in the land claimed is
2. The basis for my claim is
3. My interest in the land vested
4. The last registered instrument on which the claim is based is
5. My interest follows from the last registered instrument as follows:
6. Particulars of every registered instrument constituting the chain of title on which the claim is based:
(a)
(b)
(c)
7. All other owners of interests in the land described in Schedule "A" known to me are
8. Particulars of any registered instrument known to me that is inconsistent with my claim:
9. To the best of my knowledge and belief, the interest claimed in this notice has not been extinguished, has not expired and is not invalid.
10. The interest claimed in this notice is solely my own interest.
AND I MAKE this claim, under oath (or by affirmation), conscientiously believing it to be true and to form a valid interest in the property described in Schedule "A", knowing that it is of the same force and effect as if made under oath by virtue of the Canada Evidence Act.

SWORN TO (or affirmed) at
in the County of
and Province of Nova Scotia
this _____ day of ____________,
19___ , before me
_________________________
A Commissioner etc.

___________________________

CAUTION: A notice of claim does not create an interest in land. It will protect a valid interest in land from being extinguished by the Marketable Titles Act. It does not revive an interest that is barred by the Statute of Limitations or other law, or that has already been extinguished by a registered instrument pursuant to the Marketable Titles Act.
Instructions for Completion of a Notice of Claim

Top Box Leave blank for use of the Registry. The Registry stamp will be put here.

Left Box The information in this box will be used to index this document. Please ensure that the information is correct in every particular.
Insert your full name as claimant. (The registry will index the claimant(s) as grantee(s)).
Insert the name of the person shown in the Land Information Services (LIS) database as the owner. If this information is not available, insert the name of the person assessed for the property. If neither of these is available, attach a note explaining why. Include all names shown in the LIS records as owners even if one of those is your own. (The registry will index these names as grantors.)
Insert the book and page of the last registered instrument from which the claim arises (see number 4 below). (The registry will put a reference to the notice of claim on this document.)
If any of the information in this box is missing, the notice of claim will not be accepted for registration.

Right Box Insert the P.I.D. (property identification) number available from the Land Information Services Division of Service Nova Scotia and Municipal Relations. If this number is not available, insert the assessment account number, and if this is not available insert the municipal tax account number. If no number is available, attach an explanation.
Failure to comply will result in rejection of the notice of claim by the Registrar of Deeds.

Notice Insert your full name and mailing address. If your present name is different from the name under which you acquired the interest in the land, include both. For example, Jane Jones, formerly Jane Smith.

1 Insert the nature of the interest claimed, for example, a one quarter undivided interest.

2 Insert the basis for the claim, for example, I am one of the four children and heirs at law of A.B., who died intestate in 1962.

3 Insert the exact date the interest vested, for example, March 1, 1962, the date of death of A.B.

4 Insert full particulars of the last registered instrument on which your claim is based. Include the nature of the instrument, its date, the parties to it, and the recording particulars. The book and page will be the same as included in the left box at the top of the first page of the notice. Normally, this instrument is the deed or other document that conveyed the land to the person through whom you claim the land. For example, Warranty Deed from C.D. to A.B. dated February 2, 1925 and recorded in the Registry of Deeds for the County of N in Book 123 at Page 456 on August 10, 1934 as document number 00000.

5 Trace how your interest in the property arises from item 4, listing every step. For example, A.B. acquired the land in 1925, and still owned it when she died March 1, 1962, without a will; I am one of the four children who acquired interests in the land as a result.

Second Example: E.F. acquired lands including the claimed land in 1914 (Book 000 at Page 000); he died intestate in 1932 owning the claimed land, leaving two children, A.B. and P.Q. A.B. died intestate in 1958. I am one of the four children and heirs at law of A.B., and therefore obtained a quarter of the half interest in the land owned by A.B.

6 Insert here all of the documents that make up your chain of title. A chain of title must be at least forty years plus a day and start with a root that is a deed conveying the land. It is acceptable to attach an abstract of title to the notice of claim, in which case this section should be completed "see annexed abstract".

7 Insert here the names of any other person who has an interest in this land. For example, my brother G.H. has a one quarter interest, my sister I.J. has a one quarter interest, and my sister K.L. has a one quarter interest (or my sister K.L. conveyed her one quarter interest to X.Y.Z. Limited). Please note that simply naming another interest in the land will not protect that interest; every person claiming an interest must sign a notice of claim. More than one person may sign the same notice of claim.

8 Include here any document you know of that is inconsistent with your claim. For example, a Quit Claim Deed from P.Q. to S.T. dated January 6, 1991 and recorded January 8, 1991 in the Registry of Deeds for the County of N in Book 789 at Page 123 as document number 0000, purporting to convey full title to the land.

Schedule: Insert a legal description of the land in which the interest is claimed sufficient to identify the land.

Take Note: The notice of claim is a statutory declaration pursuant to the Canada Evidence Act. It is a criminal offence to swear a false declaration pursuant to that Act

For Registry Use Only







Claimant(s): Listed owners: Last registered instrument Book Page	PID Number Assessment Account Number Municipal Tax Account Number

Top Box	Leave blank for use of the Registry. The Registry stamp will be put here.
Left Box	The information in this box will be used to index this document. Please ensure that the information is correct in every particular. Insert your full name as claimant. (The registry will index the claimant(s) as grantee(s)). Insert the name of the person shown in the Land Information Services (LIS) database as the owner. If this information is not available, insert the name of the person assessed for the property. If neither of these is available, attach a note explaining why. Include all names shown in the LIS records as owners even if one of those is your own. (The registry will index these names as grantors.) Insert the book and page of the last registered instrument from which the claim arises (see number 4 below). (The registry will put a reference to the notice of claim on this document.) If any of the information in this box is missing, the notice of claim will not be accepted for registration.
Right Box	Insert the P.I.D. (property identification) number available from the Land Information Services Division of Service Nova Scotia and Municipal Relations. If this number is not available, insert the assessment account number, and if this is not available insert the municipal tax account number. If no number is available, attach an explanation. Failure to comply will result in rejection of the notice of claim by the Registrar of Deeds.
Notice	Insert your full name and mailing address. If your present name is different from the name under which you acquired the interest in the land, include both. For example, Jane Jones, formerly Jane Smith.
1	Insert the nature of the interest claimed, for example, a one quarter undivided interest.
2	Insert the basis for the claim, for example, I am one of the four children and heirs at law of A.B., who died intestate in 1962.
3	Insert the exact date the interest vested, for example, March 1, 1962, the date of death of A.B.
4	Insert full particulars of the last registered instrument on which your claim is based. Include the nature of the instrument, its date, the parties to it, and the recording particulars. The book and page will be the same as included in the left box at the top of the first page of the notice. Normally, this instrument is the deed or other document that conveyed the land to the person through whom you claim the land. For example, Warranty Deed from C.D. to A.B. dated February 2, 1925 and recorded in the Registry of Deeds for the County of N in Book 123 at Page 456 on August 10, 1934 as document number 00000.
5	Trace how your interest in the property arises from item 4, listing every step. For example, A.B. acquired the land in 1925, and still owned it when she died March 1, 1962, without a will; I am one of the four children who acquired interests in the land as a result.
	Second Example: E.F. acquired lands including the claimed land in 1914 (Book 000 at Page 000); he died intestate in 1932 owning the claimed land, leaving two children, A.B. and P.Q. A.B. died intestate in 1958. I am one of the four children and heirs at law of A.B., and therefore obtained a quarter of the half interest in the land owned by A.B.
6	Insert here all of the documents that make up your chain of title. A chain of title must be at least forty years plus a day and start with a root that is a deed conveying the land. It is acceptable to attach an abstract of title to the notice of claim, in which case this section should be completed "see annexed abstract".
7	Insert here the names of any other person who has an interest in this land. For example, my brother G.H. has a one quarter interest, my sister I.J. has a one quarter interest, and my sister K.L. has a one quarter interest (or my sister K.L. conveyed her one quarter interest to X.Y.Z. Limited). Please note that simply naming another interest in the land will not *protect that interest; every person claiming an interest must sign a notice of claim*. More than one person may sign the same notice of claim.
8	Include here any document you know of that is inconsistent with your claim. For example, a Quit Claim Deed from P.Q. to S.T. dated January 6, 1991 and recorded January 8, 1991 in the Registry of Deeds for the County of N in Book 789 at Page 123 as document number 0000, purporting to convey full title to the land.
Schedule:	Insert a legal description of the land in which the interest is claimed sufficient to identify the land.