Can I record an easement on a piece of land in Nova Scotia that has already been migrated to the Land Registration System?
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In 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).
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