Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.
Read MoreSo, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of. What does that mean?
Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.
Read MoreIf you have rights to a property in Nova Scotia, usually by way of the Matrimonial Property Act, but you are not an official owner on title to the property, the owner of the property must get your consent before they can sell or encumber it (like a mortgage or line of credit). In almost all of these circumstances, you will have to sign the legal paperwork as the ‘Releasor’, meaning you are releasing your right to prevent the property from being sold or encumbered.
Read MoreSharing works best when everyone is on the same page …… or preferably a few pages. Cohabitation agreements are not just for couples.
With the changing real estate market and housing shortage it is becoming more and more common for people who are not in romantic relationships, and various family members to be sharing ownership of homes.
Read MoreIn Nova Scotia, once a property has been migrated to the Land Registration System, the rules under the Land Registration Act take over.
Easements by Grant
In theory, all granted easements should have been recorded on both parcels at the time of migration, however, from time to time, things are missed. It is also the case that when the land registration system came into place it was not a requirement for the ‘flip-side’ burden to be recorded, so sometimes those are missing. If you find yourself in that circumstance, all that is required is for the Land Registration Office to be notified of the error (by way of a prescribed form submitted by a lawyer certified to make changes to the land registration system).
Read MoreA deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land.
Read MoreIf a property is owned in joint tenancy by more than one person, then all owners must consent to the sale in writing. (If you’re not sure if the property is owned in joint tenancy vs as tenants in common review our blog on the topic to help you understand the difference) However, if an owner is no longer competent, then someone must consent on their behalf.
Read MoreMany parents imagine their adult children handling their estate after they pass. However, often times Wills are drafted before the children are adults. The question becomes: Can I appoint my child as my executor in Nova Scotia even if they are still a minor?
Read MoreIf you considering buying a property in Nova Scotia it's crucial to understand the various costs involved, including the deed transfer tax. In Nova Scotia, this tax plays a significant role in the total cost of a real estate transaction .
Read MoreWhile people know that being in a common law relationship is not the same as being married, which automatically creates “matrimonial” rights and obligations for your spouse in the event that you pass away or require medial attention.
Read MoreAfter you buy a property (the money is exchanged and you take title), the transaction is considered “Closed”. This means you no longer have an opportunity to go back and negotiate with respect to issues you uncover with your new home. If you trust someone else (like your Realtor) to do the closing day walkthrough and they miss something important, your only recourse is to sue that person, not the people you bought the house from
Read MoreReal Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.
Read MoreReal Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling. From that logic, comes the rule that the current property owner only has to disclose latent defects to a potential purchaser.
Read MoreReal Estate law in Nova Scotia is grounded in the very old legal concept, ‘caveat emptor’, which is ‘Buyer Beware’. The idea being, no one is forcing you to buy the property, so before you sign on the (digital) line, the onus is on you to ensure you really want what they are selling.
Read MoreIn Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.
Read MoreIf you are buying a home for the first time you may qualify for First Time Home Buyers' rebate.
A "first time buyer" is an individual who builds or purchases a newly built home and has not owned or occupied a home in Canada in the last five years.
The eligibility criteria for this rebate:
· The house is newly built. Substantial renovations such as a major addition or converting a building into a home do not qualify.
· The house is located in Nova Scotia and will be used for your (or your relation's) primary residence.
· Can only be claimed by individuals - not businesses.
In Nova Scotia, the Probate Act , section 32, outlines who has priority over who to administer someone's estate if they die without naming an Executor in a valid Will. this applies both when a person dies without having made a will, when someone has made a will but it is deemed not valid or when a person has a valid will but does not name an Executor or any named executors have predeceased the person.
Read MoreIn Nova Scotia there exist time limits that decide if you can, or cannot bring your claim forward. These time periods are covered by the Limitations of Actions Act. A simple way to visualize these limitations periods are as a timer ticking down. The timer can be extended or paused, but it will still eventually run out.
Read MoreMoving can be exciting, but can also be a stressful time. What day your closing date falls on can contribute to how smoothly the transaction goes. There are a lot of moving parts on closing day, and it’s better to be safe than sorry if something pops up that causes a delay. Potential issues could be, a delay in funds from your bank, a contentious issue on the walk-through etc.
Read MoreSo you’ve been to Family Court Nova Scotia, negotiated a settlement, or received a judgment, and you are now have a Court Order setting out terms like parenting time, and child or spousal support. Hopefully that’s the end of it and you can carry on with your life. Unfortunately, life can change in ways your Court Order can’t predict. Maybe you or your children’s other parent has an amazing career opportunity in Australia. This would be great but your Court Order says you have 50/50 parenting time with the kids and they started high school in Halifax. If you have a good relationship with your ex you can probably work things out without involving lawyers or the courts. If not, well that’s what Variation Applications are for.
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E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
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