Title Registration on Property: (Re)Making Canada | An Open Legal Coursebook

Registration of Aboriginal Title

Mon, 01 Jan 0001 00:00:00 +0000

Beals v Nova Scotia (AG)

Mon, 01 Jan 0001 00:00:00 +0000

Bodurtha J. — #

[…]

The Community Land Titles Clarification Act, the predecessor to the LTCA, was assented to on March 18, 1964. On second reading of the proposed legislation, the Honourable W. S. Kennedy Jones stated:

The purpose of this legislation is to provide a simpler and less expensive machinery for the clarification of titles within areas or communities.

The second section of the Act is the definition section, and therein the minister is defined as being the Minister of Lands and Forests, and I perhaps should point out that my particular interest in the preparation and presentation of the present legislation is as the chairman of the Interdepartmental Committee on Human Rights.

Downey v Nova Scotia (Attorney General)

Mon, 01 Jan 0001 00:00:00 +0000

Campbell J. — #

[…]

The Land Titles Clarification Act #

On November 24, 2017 Mr. Downey filed an application for land titles clarification under the Land Titles Clarification Act with respect to a property at 39 Beals Crescent in North Preston. The history, context and purpose of that legislation has been reviewed in detail by my colleague Justice Bodurtha in Beals v. Nova Scotia (Attorney General), 2020 NSSC 60 (N.S. S.C.).

Why Land Title Clarification?

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Downey and Beals, above, discuss some of the history behind African Nova Scotian settlement in the province and describe how the LTCA and its predecessor legislation was enacted to transform possessory rights into formal land titles. One prominent idea in these cases is that the lack of clear land title is a central cause of economic underdevelopment in African Nova Scotian communities–and is one that can be adequately remedied through legal processes designed to recognize and formalize longstanding possessory rights.

Land Registration Act

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Registered interests

20 A parcel register is a complete statement of all interests affecting the parcel, as are required to be shown in the qualified lawyer’s opinion of title pursuant to Section 37, subject to any subsequent qualifications, revisions of registrations, recordings or cancellation of recordings in accordance with this Act.

[…]

Proceeding to correct registration

35 (1) A person who objects to and is aggrieved by a registration in a parcel register may commence a proceeding before the court requesting a declaration as to the rights of the parties, an order for correction of the registration and a determination of entitlement to compensation, if any.