Existing Standard
STANDARD 2.1 - Legal Descriptions
When a lawyer examines a legal description, the lawyer
must be satisfied that the legal description
(a) is a proper and complete description of the parcel;
(b) identifies the parcel; and
(c) when based on a plan of survey, reflects the parcel as
shown on the plan.1
If a lawyer determines that the abstract of title shows
that the legal description has been amended from time to
time, the lawyer must assess each amendment to
determine whether the amendment complies with
legislative requirements for transfer of title to land.2
A lawyer must ensure that a certificate of title prepared
by the lawyer clearly identifies the parcel by a metes and
bounds description or in another form as authorized by
legislation.3
____________________
Notes:
1. Precision in legal descriptions: Countway v. Haughan
and Chataway (1975), 15 N.S.R. (2d) 138, per
MacKeigan C.J.N.S. (N.S.S.C.A.D.); T.O. Boyne,
“Conveyancing - Legal Descriptions”(1992) 3 The
Claims Wise Bulletin, Claims Wise No. 20 at 1; T.O.
Boyne “Legal Descriptions/Surveys” (1992) 3 The
Claims Wise Bulletins, Claims Wise No. 23 at 4
2. Subdivision compliance: Municipal Government Act,
S.N.S. 1998, c. 18, ss. 268-292, as am. Land
Registration Act, S.N.S. 2001, c. 6
3. Parcel identification: Land Registration Act, S.N.S.
2001, c. 6, ss. 19 and 37(5)
____________________
Proposed Standard
Standard 2.1 (previously Standard 2.1 and 2.2)
Legal Descriptions and Parcel Identification
REGISTRY SYSTEM
Legal Description
1. A lawyer who examines a legal description of a parcel
or a condominium unit found in the Registry system
when giving an opinion on title, the lawyer must be
satisfied that the legal description
(a) is a proper and complete description of the parcel
of land or condominium unit;
(b) identifies the parcel; and
(c) when based on a plan of survey, reflects the parcel
as shown on the plan.1
Abstract of Title
2. If a lawyer determines that an abstract of title shows
that the legal description has been amended from
time to time, the lawyer must assess each amendment
to determine whether the amendment complies with
legislative requirements for transfer of title to land.2
Opinion of title
3. A lawyer must ensure that an opinion of title prepared
by the lawyer clearly identifies the parcel by a metes
and bounds description or in another form as
authorized by legislation or common law.3
LAND REGISTRATION SYSTEM
Rationale
Rationale for Proposed Revision of Standard 2.1 and 2.2
Legal Descriptions and Parcel Identification
1. Before the Land Registration Act (LRA) came into
force, there were very few procedures to follow in
relation to the legal description. The description
from the previous deed was photocopied and
inserted in the next conveyance. Now, the legal
description is central to the status of the title at a
particular moment in time and must match the
parcel register. This change was the major impetus
for the revision. The revision was a major one. It
addresses the legal description and/or parcel
identification issues in both the “old” Registry System
and/or the new Land Registration system and
identifies how the legal description needs to be
reviewed at different times in the process of a
migration or a revision or report on title.
2. The two current Standards, Standard 2.1 and
Standard 2.2 deal with legal descriptions and parcel
identification. In the past there were two separate
concepts which were not tied together by any legal
processes. They are now tied together under the
LRA as a result, the Committee merged the two
Standards into one.
3. The LRA now permits a parcel identification number
or PID to be used in place of a legal description to
describe a parcel at a specific moment in time. The
LRA now provides for the creation of a parcel register
which incorporates the legal description and parcel
identification in one place, connecting the two
concepts.
Migration
Legal Description
1. When a lawyer registers a parcel pursuant to the Land
Registration Act, the Act and Regulations require that 4. 4. The Committee has identified the different
considerations to take into account when creating a
the legal description of the parcel
parcel register (migration) or making changes to a
parcel register (revision) or interpreting a parcel
(a) reflects the contents of the parcel register, unless
4
register (giving an opinion on title). For this reason,
the parcel is a condominium unit.
the new Standard is divided into sections to identify
the issues specific to the process being undertaken
Additional Resource:
PID may remain the same after the extent is altered
C. Walker, Q.C., “Abstracts and the Land Registration
System” in Land Registration Act Education Program,
LRA Education Material
STANDARD 2.2 – Parcel Identification
Before the Land Registration Act comes into force in a
registration district, a lawyer preparing an opinion of title
or preparing an instrument affecting title to a parcel in
the registration district, should
(a) examine the information relating to the parcel found
on Property Online; and
(b) annotate on the legal description of each parcel its
apparent Property Identification Number (PID) and
Assessment Account Number (AAN),
to further the integrity of the information contained in
Property Online.
(b) where a short form description has been
approved, accurately reflects the information
contained in the plan on which the short form
description is based;5
(c) accurately reflects the information contained in the
description in the Declaration on file with the
Registrar of Condominiums when the parcel is a
condominium unit;6
Errors in Property On Line
2. At the time of migration, the Regulations under the
Land Registration Act require a lawyer who identifies
errors in the Property Online mapping to bring the
information to the attention of Property Online.7
Historical Information
3. A lawyer must give consideration to retaining
historical information in the parcel description to
assist with interpretation of the parcel register. 8
Registration and Recording
Legal Description
1. When a lawyer registers or records a document in the
parcel register pursuant to the Land Registration Act,
the Act and Regulations require that the legal
description of the parcel:
The annotation should be clearly worded to show that it
is not an operative part of the instrument and that it is
given as reference information only.
(a) reflects the contents of the parcel register in the
form of full text, short form legal description or PID,
unless the parcel is a condominium unit;9
A lawyer identifying any apparent or possible errors in the
Property Online mapping should bring the information to
the attention of Property Online to further improve the
accuracy of parcel mapping and integrity of parcel
information.
____________________
(b) where a short form description has been
approved, accurately reflects the information
contained in the plan on which the short form
description is based;10
Note:
1. "Property Online" means the internet-delivered
application that provides subscribers with
web
(c) where the parcel is a condominium unit, the
description accurately reflects the information
contained in the description in the Declaration on file
with the Registrar of Condominiums;11
by the lawyer under the LRA.
based access to the Nova Scotia land registration
information system.
____________________
Additional Resource:
Reasonable steps be taken by
Errors in Property On Line
2. At the time of revision, the Regulations under the
Land Registration Act require a lawyer who identifies
errors in the Property Online mapping to, bring the
information to the attention of Property Online.12
Historical Information
3. A lawyer must give consideration to retaining
historical information in the parcel description to
assist with interpretation of the parcel register, and
particularly when adding an easement benefit or
burden to the parcel register during a revision. 13
_______________________
Notes:
Precision in legal descriptions: Countway v. Haughn
and Chataway(1975), 15 N.S.R.(2d) 138 , per MacKeigan
C.J.N.S. (N.S.S.C.A.D.), T.O. Boyne, "Conveyancing - Legal
Descriptions" (1992) 3 The Claims Wise Bulletin, Claims
Wise No. 20 at 1; T.O. Boyne "Legal
Descriptions/Surveys"(1992) 3 The Claims Wise Bulletins,
Claims Wise No. 23 at 4;
2
Subdivision compliance: Municipal Government Act,
S.N.S. 1998, c. 18, ss. 268-292, as am., Land Registration
Act, S.N.S. 2001, c. 6 ;
3
See footnote 1;
4
Land Registration Act, s. 19, Reg 5(8), Reg 7(10),
7(11);
5
Regulation 2(1) definition of short form legal
description, Regulation 5(8) and 7(10)(a)(ii). See also 7(12)
and 7(13);
6
Regulation 7(11)(b);
7
Regulation 7(7)(c), 7(8);
8
Regulation 7(10A)*, Registrar General’s Communique
Sept 2006, Land Registry Resource Materials- PDCA
standards checklist; Gordon, Garth, Access and Red Flag
Issues Under the LRA
http://lians.ca/documents/AccessRedFlag.pdf;
9
Land Registration Act, ss. 19, 37(A)(1)(e), 47(3),
47(9), Reg 2(1) definition of short form legal description,
5(8), 7(2), 7(10), 7(11), 14(4) 15(2), and 16(2)(b);
10
Reg 2(1) definition of short form legal description,
Reg 5(8), Reg 7(10)(a)(ii);
11
Reg 7(8), 7(11)(b);
12
See Footnote 4;
13
Regulation 7(7)(C), 7(10A) Registrar General’s
Communique Sept 2006, Land Registry Resource
Materials- PDCA standards checklist; Gordon, Garth,
Access and Red Flag Issues Under the LRA
http://lians.ca/documents/AccessRedFlag.pdf
_______________________
Additional Resources:
*C. Walker, Q.C., “Abstracts and the Land Registration
System”; http://lians.ca/documents/AbstractsAndTheLand
RegistrationSystem.pdf
*Where’s the line: Surveyors, Lawyers and the Land
Registration Act: http://lians.ca/documents/WheresThe
Line.pdf http://lians.ca/documents/DiscussionPaper
_______________________
Practice Notes
*Regulation 7(7) states that (except for condominiums)
the PDCA submitter must assist the parcel owner (or
authorizing person) in identifying the parcel’s PID and take
reasonable steps to identify the parcel.
*Note that a PID for a parcel which has been subdivided
may remain the same PID number after the extent of the
parcel is altered by the subdivision. Caution should be
exercised when the extent is altered, especially in regard
to easements. The extent of an easement at the time the
easement is created is not altered even though the extent
of the parcel which has been assigned the same PID has
changed.
*The parcel description should match the parcel register
whether the description is long form or short form. All
benefits and burdens should be described in the parcel
description unless the property is a condominium unit.
*Consider using the long form description when the plan
on which the short form description was based contains
less information than the long form description.