Halifax Lawyer Blog

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. .

April 12, 2023

What does my Nova Scotia Easement allow me to do?

April 12, 2023/ Highlander Law Group/ Dianna Rievaj

A 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.

March 29, 2023

What are my options if I was promised family land in Nova Scotia but the Will leaves the land to someone else?

March 29, 2023/ Highlander Law Group/ Dianna Rievaj

The important thing to remember in a circumstance such as this one is that a person can only direct who inherits their estate assets with a Will. The critical question to determine is, did the property belong to the testator at the time of his death, or was he only holding it in trust for the person he promised it to?

March 22, 2023

What does it mean if someone has a Deeded Right of Way Easement over my Nova Scotia property?

March 22, 2023/ Highlander Law Group/ Dianna Rievaj

An easement is the right for the owner of one parcel of land to enjoy a specific benefit over a nearby property. If it is a ‘Deeded’ easement, it means the right was created by a documented agreement between the owners of the involved parcels of land. In Nova Scotia, deeded easements attach to the land and continue to be in force even after the parcel has changed hands

November 01, 2022

What are my Options if I Discover Water Leaks in a House I just purchased in Nova Scotia?

November 01, 2022/ Highlander Law Group/ Dianna Rievaj

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. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.

December 21, 2021

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

December 21, 2021/ Highlander Law Group/ Dianna Rievaj

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.

November 22, 2021

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

November 22, 2021/ Highlander Law Group/ Dianna Rievaj

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.

November 01, 2021

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

November 01, 2021/ Highlander Law Group/ Dianna Rievaj

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).

October 11, 2021

Nova Scotia’s Statute of Limitations: What if I’m out of time?

October 11, 2021/ Highlander Law Group/ Dianna Rievaj

In 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.

May 20, 2019

Nova Scotia’s “Statute of Limitations” – the time limit for filing a claim in court

May 20, 2019/ Highlander Law Group/ Dianna Rievaj

Did you know there were time limits to file a claim in court? Well, there is! Depending on the type of claim you have, the amount of time you have to file can vary substantially. This period of time is called a “limitation period”. In Nova Scotia, the limitation period is determined by the type of legislation that your claim falls under. If the legislation does not set out a time period, then the Limitations of Actions Act will outline the time limits to follow.

April 26, 2019

Understanding Damages in Personal Injury Cases in Nova Scotia

April 26, 2019/ Highlander Law Group/ Dianna Rievaj

‘Damages’ is a term used to describe the monetary compensation awarded to victims of successful Personal Injury claims. They are calculated and granted by the court following the case. The Damages are an effort to reimburse the victim, as best as possible, for any losses suffered as a result of their injury. These losses could be economic, such as their ability to work for a period of time, or non-economic such as physical injuries. In conducting their calculations of the amount and types of Damages to award, the court asks itself what amount can help to put the victim in the same position they would have been had the injury not occurred.

April 23, 2019

What does "Perfecting a Builders Lien" in Nova Scotia Mean?

April 23, 2019/ Highlander Law Group/ Dianna Rievaj

In Nova Scotia, a builder’s lien that is registered against a property only stays valid for 105 days past the last day of work done on the property unless the lien is “perfected”. “Perfection” in the context of a builder’s lien means that the person who holds the lien formalizes their claim by starting a lawsuit in the Supreme Court of Nova Scotia. If no lawsuit is started within the required time, the lien becomes completely invalid.

April 11, 2019

What Happens After I Lose a Lawsuit in Nova Scotia?

April 11, 2019/ Highlander Law Group/ Dianna Rievaj

If you participate in a lawsuit and lose, the judge will issue an order against you. The order will outline the details of his decision, specifically the details of what you are legally obligated to do. In many cases this involves paying somebody a certain amount of money. At this point you can simply choose to pay the amount the judge has ordered you to. However, for a lot of people this is not a realistic option.