Procedures for Making a Claim under the Land Titles Clarification Act for Ownership of Land in a Designated Area

Transcription

1 Procedures for Making a Claim under the Land Titles Clarification Act for Ownership of Land in a Designated Area Overview The Land Titles Clarification Act (LTCA) Part I provides a legal way for land owners in 13 designated land titles clarification areas to clarify the ownership (title) to their land. This document sets out the application process and procedures. The 13 areas are: 1. Cherry Brook, Halifax County 2. Drumhead, Guysborough County 3. East Preston, Halifax County 4. Lincolnville, Guysborough County 5. Little Dover, Guysborough County 6. Little Lorraine, Cape Breton County 7. Neils Harbour-New Haven, Victoria County 8. New Road Settlement (North Preston), Halifax County 9. Oldham, Halifax County 10. Sampsons Cove- Little Anse, Richmond County 11. Seal Harbour, Guysborough County 12. Sunnyville, Guysborough County 13. Terence Bay and Lower Prospect, Halifax County Application 1. An application for a certificate under the LTCA is submitted to the Land Services Branch of the Department of Natural Resources. The application form can be found at the link below. 2. The application must include: a. A description of the claimed property (for example civic address, Parcel Identification Number (PID) from the land registry, Assessment Account Number (AAN) from your tax bill, location in relation to neighbouring properties); and b. A sketch accurately showing the location and the size of the parcel (acres or hectares). Including the names of your neighbours is helpful to locate the property. 3. Department of Natural Resources staff review the application to make sure that the location is inside one of the designated land titles clarification areas. The department also checks to see if the land: a. Has been registered under the Land Registration Act; b. Is part of an existing claim area. If either of these situations apply, the department will let the claimant know that the claim cannot proceed. 4. If the application can proceed, the claimant will be asked to submit the following:

2 a. Information to support the claim of ownership (use and occupation of the land for at least 20 years): i. Information from the claimant: The claimant should provide an explanation of how they and their family have used the land, over what period of years, and what steps they have taken to let people in the community know that the land is theirs. [see an example at Appendix A] ii. Information from an impartial community member: The claimant should provide the name of at least one person in the community (neighbour or community member, but not relatives) who can explain how the claimant and their family have used and occupied the land, how long they have lived there or used the land, and what the people in the community know about the claimant s land. [see an example at Appendix B] The statements from the claimant and their neighbours must be must prepared as sworn statements (statutory declaration) given under oath. The help of a lawyer or paralegal will be needed to complete this. b. An abstract of title this is a description of all the records in the land registry that affect (or may affect) the title to the land. The help of a title searcher or lawyer will be needed to complete this. c. Information on judgements and encumbrances - A statement providing information regarding any liens or mortgages or judgements or other encumbrances on the land must be provided. The help of a title searcher or lawyer will be needed to complete this. 5. It is possible that a survey plan or a drawing prepared by a Nova Scotia Land Surveyor may be needed to prove where the land is located and to provide a legal description of the land. Land Services staff will tell the claimant if more information is needed to clearly identify the location of the land. Review and Processing of Application 1. Land Services staff and a Department of Justice lawyer will review the documents and determine whether the information proves the claim. 2. If it does, a Certificate of Claim is forwarded to the Minister of Natural Resources for approval and signature. The document is then registered at the Land Registration Office in the county where the land is located. 3. The department publishes a notice of the registration in a local newspaper, to advise anyone who claims to have an interest in the land that they have 60 days to make a claim. 4. The department also sends the notice of registration to all adjoining / neighbouring land owners and parties who may have an interest in the land.

3 5. If no one claims an interest in the land within the 60 days, the department prepares a Certificate of Title, which is signed by the Minister of Natural Resources. 6. If someone does submit a notice to the Minster of an interest in the land, the person has another 60 days to start a proceeding in the Supreme Court. The Court then determines the extent of everyone s interests in the land. Costs Related to Land Titles Applications 1. There is no application fee. 2. The services of a lawyer or other professional (title searcher or paralegal) will be needed to prepare the statutory declaration and the abstract of title. The claimant must pay for these services, if a fee is charged. 3. If a survey is needed to establish the boundaries of the area claimed, the cost of preparing the survey must be paid by the claimant. 4. There may be fees for recording the Certificate of Title. Time Frame Land Titles Clarification applications take time to process; the greatest amount of time involves collecting the information required to establish the claim. This is under the control of the claimant. The department processes the claims files in the order received and as quickly as possible. Once a complete package of information, including statutory declarations, abstract of title and any required survey documents, is submitted to the Department of Natural Resources, the department makes every effort to complete the claim review process within 6 months. Department of Natural Resources Contact Manager, Acquisitions and Disposals Land Services Branch, Department of Natural Resources PO Box 698 Halifax, NS B3J 2T

4 Appendix A Example of a Statutory Declaration of the Claimant PROVINCE OF NOVA SCOTIA IN THE COUNTY OF SS IN THE MATTER of the Canada Evidence Act, Revised Statutes of Canada 1988, Chapter E-10 AND IN THE MATTER of the Land Titles Clarification Act, R.S.N.S. 1989, Ch. 250, as amended STATUTORY DECLARATION I, [insert name of claimant], of New Road Settlement, in the County of Halifax, Province of Nova Scotia, do solemnly declare: 1. I am [insert age] years of age, and have lived in [insert name of the Land Titles Clarification Area and the county in which it is located, such as New Road Settlement, in the County of Halifax, ] Province of Nova Scotia for [insert number of years you have lived there] years. 2. The plan attached as Schedule A shows the approximate location of the boundaries of lands presently owned, occupied and claimed by me. 3. Approximately [fill in the number of years] years ago, my wife and I built our present home. I have marked the approximate location of the house on the attached plan, and labeled it our house. 4. My family and I have lived in our house continuously for the last [insert number of years] years. 5. I have also shown the approximate location of other buildings on our property. These buildings were constructed by my family [insert number of years] years

5 ago and were used by us to [insert details of use such as store equipment, hay, and animals]. 6. I inherited the property I am claiming from [my father or mother insert his/her name] who died in [insert year of their death]. 7. I used to have pigs in the barn and now have chickens and turkeys there. The barn was used continuously for the last [insert number of years] years by my family and me. 8. The lands around the house and outbuildings are mostly pasture or lawn and are used by my family and me regularly. We keep [insert details of how you use the land for example animals in the pasture and the lawn mowed ]. 9. My family and I built a wooden fence along the north boundary of our property. I have noted the location of the fence on the attached plan, and labeled it wooden fence. 10. On the south boundary of our property are visible remains of a rock wall, which has been there for at least [insert number of years] years. I have labeled this on the plan as rock wall. 11. My family and I have paid the taxes on the land we are claiming since [insert the year that taxes were first paid], for a total of [insert number of years] years. 12. It was always my understanding that my father owned a large parcel of land at New Road Settlement. The land I am claiming is only a small portion of the lands owned by my father. 13. For the whole time I have lived on the land I am claiming, no one has ever disputed my family s ownership and use of the land. 14. Other people in the community know that we have lived on this property and consider the land to be ours. During the time we have lived here, no other person has used our land, except when we have given our permission. AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. SWORN TO at, ) In the County of, ) Province of Nova Scotia, ) This day of, ) [insert name of claimant] 20, before me ) )

6 A Barrister of the Supreme ) Court of Nova Scotia )

7 Appendix B Example of a Statutory Declaration of the Neighbour or Friend PROVINCE OF NOVA SCOTIA IN THE COUNTY OF SS IN THE MATTER of the Canada Evidence Act, Revised Statutes of Canada 1988, Chapter E-10 AND IN THE MATTER of the Land Titles Clarification Act, R.S.N.S. 1989, Ch. 250, as amended STATUTORY DECLARATION I, [insert name of neighbour or friend], of New Road Settlement, in the County of Halifax, Province of Nova Scotia, do solemnly declare: 1. I am [insert age] years of age, and have lived in [insert name of the Land Titles Clarification Area and the county in which it is located, such as New Road Settlement, in the County of Halifax, ] Province of Nova Scotia for [insert number of years you have lived there] years. 2. I know [insert name of claimant], who is claiming the land located at [insert address] in New Road Settlement, which is described on the plan attached as Schedule A. 3. Approximately [fill in the number of years] years ago, the claimant and his wife built the house they now live in. I remember when the house was built and have visited them there on many occasions. 4. The claimant and his family have lived in the house continuously for the last [insert number of years] years.

8 5. Over the past [insert number of years\ years, the claimant has built several other buildings on the property which the family uses [insert uses that are made of the buildings for example, to store equipment, hay, and animals]. 6. It is common knowledge in the community that the claimant inherited the property from [his father or mother insert his/her name]. 7. The claimant s [insert appropriate relative such as father or mother] owned a large parcel of land at New Road Settlement and the property used and occupied by the claimant is a small portion of that land. The claimant s parents lived on the property for many years it is known in the community as the [insert family name of the claimant] place. 8. The claimant uses the lands around the house and the outbuildings as pasture or lawn. The claimant and his family do regular maintenance to the house and work on the fences. 9. The claimant s property has a wooden fence on the north side and a rock wall on the south side of the property. My land adjoins the claimant s land on the northern boundary. 10. For the whole time I have lived in New Road Settlement, I am not aware of anyone else claiming to own the land where the claimant lives with his family. 11. Other people in the community know that the claimant has lived on this property and consider the land to be theirs. I have pastured my cows on the land owned by the claimant but have always asked the claimant for permission to do so. AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. SWORN TO at, ) In the County of, ) Province of Nova Scotia, ) This day of, ) [insert name of neighbour /friend] 20, before me ) ) A Barrister of the Supreme ) Court of Nova Scotia )