Why Do I Have to Hire a Lawyer to Buy or Sell Land in Nova Scotia?

/ Highlander Law Group/

unlike in some provinces, Buying or Selling real property in nova scotia requires a lawyer.

We regularly help clients from other provinces in Canada and even other countries, buy and sell land in Nova Scotia. Often the clients are frustrated with the process and in particular the idea that they even need to hire an actual lawyer to complete the transaction.  I find myself thinking, “You’re not in Kansas anymore.”

The rules and processes for buying, selling and even gifting property are different in each province.  We often have people asking why we may require certain things, or have certain processes – it is because we are adhering to the rules set out for us by the Nova Scotia Registry of Deeds, Land Registry Offices, Municipal Tax Office and the Nova Scotia Barristers Society.

The reality is, it is an absolute requirement to hire a lawyer if you want to buy, sell, change title to or refinance a property in Nova Scotia….and yes, we know that is not the requirement in some other provinces of Canada. In fact, not even all lawyers are eligible to conduct real estate transactions. In addition to becoming a practicing lawyer and member of the Nova Scotia Barristers Society, real estate lawyers must also take a further specialized course and pass an exam.

Now for the good news, we routinely work with clients who are still located in other locations. We do as much as we can via phone and email and then if you aren’t able to make it into our office to sign the paperwork that requires an original signature, we will help you (find and) work with a local notary or lawyer. In some cases, (but not all) we can even arrange virtual meetings along with digital ID verification programs to make the process of long-distance transactions easier.

Unfortunately, we are not able to use “digital signatures” or e-signing for documents such as mortgages and deeds. A minimum of one “wet” or original signature is required for them to be acceptable to the land registry here in Nova Scotia. These rules were somewhat relaxed during the height of Covid, but are no longer allowed – primarily to protect buyers and sellers from identity theft and fraud.

If you have an upcoming transaction and you are looking for assistance please reach out!! We would love to help. 

Check out this video series with helpful tips to ensure a smooth closing.

Check out some of our other Real Estate blogs:

When Will We be ‘Closed’?

By: Briana O’Grady – Lawyer

Have Questions For Us?:

If you have any questions about Family Matters you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Family Matter Consult for $500+HST where you have the opportunity to explain your situation to a lawyer and get basic advice, including a written summary of your options, before deciding whether or not you'd like to retain us.

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