Are you a Landowner? Have you migrated yet?

Migrating your Property – some information to consider.

This entry is intended to provide information about the land migration process. It is by no means a comprehensive overview, nor does it constitute legal advice.

All Nova Scotia properties need to be migrated into the (relatively) new land registration system prior to sale or refinance. It is the responsibility of the seller/current owner to ensure migration happens prior to sale.

Whether you are considering a change of ownership, or looking forward to the future (perhaps as far as the property transfers that will happen upon death of a family member, for example), or even just looking to check something off your list, managing future stress – it’s never a bad time to get a property migrated. It’s one of those necessary tasks (eventually, all properties will have to be migrated), so it’s good to get it out of the way without the pressure of a sale or other event.

The land registration system helps property owners in Nova Scotia have greater certainty about boundaries, easements, title, etc., via the snapshot/database provided by the land registrar once a property has been migrated. A lawyer can tell you whether your property or a property you wish to purchase has been migrated. It is a good idea to leave plenty of time (at least 2 weeks) to allow for the migration process. To start, contact a lawyer. The lawyer will have a title searcher conduct an historical overview of the root of title to present ownership. The lawyer will then analyze the title search, and let you know of title defects, encumbrances, or other concerns. You will work with your lawyer to ascertain the mapped boundaries of your property, and your lawyer will submit a comprehensive and current metes and bounds description to the land registrar for approval and ultimate registration, thereby “migrating” your property into the “new” system.

A lawyer’s fees for a migration may fall between $800 and $2000.00 (this is an estimate, actual cost depends on the complexity and other factors). The migration incurs a NS Land Registration fee of $100.00 (current fee as of writing) as well and a title searcher’s fee (between $150.00 and $500.00 estimate).

Any time is a good time to get your property migrated – it’s especially pertinent if you’re considering a sale in the near future. To discuss, contact Natalie at natalie@cslegal.ca, or 902.240.4080.

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