Am I able to add my adult children to the Deed to my Property in Nova Scotia?

/ Highlander Law Group/
Am I able to add my adult children to the Deed to my Property in Nova Scotia?

You can add additional owners to your property whenever you want. The new owner does not have to pay money and they can be family members. You can make the new person an equal share owner or you can give them a certain percentage. Most commonly, parents add their children as Joint Tenants. This makes the child an equal owner with any other Joint Tenants. The benefit to the Joint Tenant route in Nova Scotia is that when one person dies, the surviving owners automatically become full owners without requiring the estate to pass through Probate Court (saving time, stress and significant money).

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Condominiums: What is a reserve fund, and why should you care when buying a Condo in Nova Scotia?

/ Highlander Law Group/
Condominiums: What is a reserve fund, and why should you care when buying a Condo in Nova Scotia?

When you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.

When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.

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Why should I care about the Difference between Patent and Latent defects when I’m buying a property in Nova Scotia?

/ Highlander Law Group/
Why should I care about the Difference between Patent and Latent defects when I’m buying a property in Nova Scotia?

Real 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.

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How Do I Protect Myself from ‘Invisible Issues’ when Buying a Property in Nova Scotia?

/ Highlander Law Group/
How Do I Protect Myself from ‘Invisible Issues’ when Buying a Property in Nova Scotia?

Real 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.

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Provincial Deed Transfer Tax

/ Highlander Law Group/
Provincial Deed Transfer Tax

As you may have heard, there is now an additional Provincial Deed Transfer Tax payable by home buyers who are not residents of Nova Scotia.


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Let us be the wet blanket – it is part of our job! - Your Nova Scotia real estate lawyer as an advocate for you.

/ Highlander Law Group/
Let us be the wet blanket – it is part of our job! - Your Nova Scotia real estate lawyer as an advocate for you.

Lawyers have a multi-faceted reputation – not all of it flattering, but being the “stick in the mud” when it comes to fulfilling your contract when you buy or sell a home is something I will happily claim.

It is my job as your lawyer to be on the lookout for ways to protect you throughout the buying and selling process. We review your contracts, your mortgage documents, the title for your property, and any receipts and repairs required by the contract.

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Property Taxes vs Deed Transfer Tax – What you need to know about taxes when buying a home in Nova Scotia

/ Highlander Law Group/
Property Taxes vs Deed Transfer Tax – What you need to know about taxes when buying a home in Nova Scotia

When buying a used (read: previously lived in) home there are two types of tax you will see come up on your statements from your lawyer.

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Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

/ Highlander Law Group/
Can I Get Ownership to a NOVA SCOTIA Property through Squatter’s Rights in Nova Scotia if the Owner Game me Permission Years Ago?

Squatter’s Rights is the concept that if you openly adversely possession someone else’s land continuously for the required length of time (usually 20 year for privately owned land, 40 years for Crown land), that you can apply to the court for an order declaring that you have become the legal owner of that land. The idea is that a land owner can’t sit back for decades and do nothing and then come out of the woodwork and demand their land back.

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What Happens to my House if I Die Without a Will in Nova Scotia?

/ Highlander Law Group/
What Happens to my House if I Die Without a Will in Nova Scotia?

In Nova Scotia, what happens to your estate if you die without a valid Will is determined by the Intestate Succession Act. The Act outlines who will inherit your assets and in what proportion.

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Nova Scotia home for sale over the holidays? Decorating tips to not detract from the sale.

/ Highlander Law Group/
Nova Scotia home for sale over the holidays? Decorating tips to not detract from the sale.

If 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.

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Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

/ Highlander Law Group/
Enforce Promises with Respect to Land in Nova Scotia with Proprietary Estoppel

In Nova Scotia if there is a dispute over the ownership of, or rights to the use of, land, the starting point is the Statute of Frauds. The Statute of Frauds recognizes that land ownership is so valuable, ownership can only be transferred in writing. The goal is to avoid confusion as to ownership rights to land.

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What Compensation am I Entitled to if my Purchase and Sale Agreement is Terminated in Nova Scotia?

/ Highlander Law Group/
What Compensation am I Entitled to if my Purchase and Sale Agreement is Terminated in Nova Scotia?

For a variety of reasons, both the seller and the buyer are entitled to terminate a real estate purchase and sale agreement, including in rare cases after the agreement is firm (firm = all required conditions have already been met).

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Don't Fall into the Trap of a Bad Closing Day

/ Highlander Law Group/
Don't Fall into the Trap of a Bad Closing Day

Moving 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.

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Money Talks: who handles the money when you’re Buying a Home in Nova Scotia

/ Highlander Law Group/
Money Talks: who handles the money when you’re Buying a Home in Nova Scotia

One of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Read on to learn the specifics of who does what.

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Restrictive Covenants - What are they? Why should you care if you're buying or selling a house in Nova Scotia?

/ Highlander Law Group/
Restrictive Covenants - What are they? Why should you care if you're buying or selling a house in Nova Scotia?

Restrictive covenants are rules about the use of the property. I.e. the restrict your ability to do things on or to your property. The person (or company) that has the right to enforce these covenants is referred to as the "covenant holder" and is most often the developer of your subdivision. These rules are attached to the property and pass from one owner to the next

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What does “clean and vacant” actually mean when you're selling a house in Nova Scotia?

/ Highlander Law Group/
What does “clean and vacant” actually mean when you're selling a house in Nova Scotia?

This is something that has come up a few times this summer, so I thought I would write a short post about it.

The house (and property) should be clean and tidy. Honestly, the cleaner the better, but certainly “broom clean” is a must.

If you are buying, it may not hurt to include a professional cleaning condition in your agreement so you can be confident that the home will be clean.

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Money Talks: How the Money Flows when you're Selling Your Home in Nova Scotia.

/ Highlander Law Group/
Money Talks: How the Money Flows when you're Selling Your Home in Nova Scotia.

One of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Your lawyer handles the money for you when you sell your home.

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Buying a condo in Nova Scotia? Understand exactly what you're buying

/ Highlander Law Group/
Buying a condo in Nova Scotia? Understand exactly what you're buying

The practical distinctions between buying a condominium and buying property can sometimes be confusing. Here are a few points to illustrate what you are buying when you buy a condo. The exact definition of what you own and what you are responsible for, i.e. what is your unit, should be outlined in your Condominium Corporation's Declaration.

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Condominiums: What is a reserve fund, and why should you care when buying a Condo in Nova Scotia?

/ Highlander Law Group/
Condominiums: What is a reserve fund, and why should you care when buying a Condo in Nova Scotia?

When you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.

When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.

Read More

Condo, or a house?... or something in between? - What is a bare land condominium in Nova Scotia?

/ Highlander Law Group/
Condo, or a house?... or something in between? - What is a bare land condominium in Nova Scotia?

There are many different ways you can own property. The most common are owning parcels of land, or buying a unit in a building - the condominium. There is another option, where you would purchase a "bare land condominium". The ownership structure of purchasing a bare land condominium is similar to that of the traditional condominium, but refers to a parcel of land, defined by survey markers.

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