This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2009, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Notice of Claim Regulations

made under

Section 8 of the

Marketable Titles Act

S.N.S. 1995-96, c. 9

O.I.C. 96-513 (July 3, 1996), N.S. Reg. 119/96

1 These regulations may be cited as the Notice of Claim Regulations.

2 In the Marketable Titles Act and these regulations,

(a) "persons assessed for the land" means persons assessed for the land

pursuant to the Assessment Act; and

(b) "preserve" means to prevent the extinguishment of an interest in land

pursuant to subsection 4(4) of the Act.

3 A notice of claim pursuant to

Section 5 of the Marketable Titles Act shall be made

under oath or by affirmation.

(1) A notice of claim shall be in the form attached as Form 1 to these regulations.

(2) A notice of claim shall be completed in accordance with the instructions for

completion of a notice of claim set out in Form 1.

5 A notice of claim shall include

(

a) the full name of the claimant;

(

b) the address of the claimant;

(

c) the names of all persons with interests in the land known to the claimant;

(

d) the names of any persons shown to be owners of the land in the land

information database of the Land Information Services Division of Service Nova Scotia and Municipal Relations,

or if no owner is shown or no property record is available, the persons assessed for the land;

(

e) a description of the land in which the interest is claimed;

(

f) the property identification (PID) number assigned to the land by the Land

Information Services Division of Service Nova Scotia and Municipal Relations, or if no number has been assigned or no property record is available,

the assessment account number or the municipal tax account number for the

land;

(

g) the nature of the interest in the land claimed;

(

h) a

summary of the basis for the claim;

(

i) the recording particulars (including book and page, parties and date) of

every instrument constituting the chain of title on which the claim is based;

and

(

j) the book and page, nature of instrument, parties and date, of the last

registered instrument on which the claim is based.

(1) A notice of claim that does not include all of

(

a) the full name of the claimant;

(

b) the names of any persons shown to be owners of the land in the land

information database of the Land Information Services Division of Service Nova Scotia and Municipal Relations,

or if no owner is shown or no property record is available, the persons assessed for the land;

(

c) the property identification (PID) number assigned to the land or any part

of it by the Land Information Services Division of Service Nova Scotia and Municipal Relations,

or if no number has been assigned or no property record is available, the assessment account number or the municipal

tax account number for the land; and

(

d) the book and page, nature of instrument, parties and date, of the last

registered instrument on which the claim is based

shall not be accepted by a registrar of deeds.

(2) If any of the information in clause (1)(

b) or (

c) cannot be obtained or does not

exist, the notice of claim may be accepted if the notice of claim includes an

explanation satisfactory to the registrar of deeds of why the information is not

available and the steps taken to ascertain the information.

(1) A notice of claim is only effective with respect to the interest of the person or

persons signing the notice of claim.

(2) A notice of claim may be signed by more than one claimant.

(3) A notice of claim may be registered on behalf of a claimant by an attorney

provided the power of attorney is registered.

(1) Where the land is situated in more than one registration district, a notice of claim

shall be registered in the registry of deeds for each registration district within which any

part of the land is situate.

(2) The fee for registering a notice of claim is the same as for other documents

affecting real property registered pursuant to the Registry Act.

(3) A notice of claim shall be indexed in the consolidated index of the registry of

deeds for the registration district in which it is registered, showing

(

a) the name of the claimant as grantee; and

(

b) the names of any persons shown to be owners of the land in the land

information database of the Land Information Services Division of Service Nova Scotia and Municipal Relations,

or if no owner is shown or no property record is available, the persons assessed for the land, as shown on

the notice of claim, as grantors.

(4) The registrar of deeds shall make a marginal note referring to the registration

of the notice of claim on the margin of the document referred to in the notice of

claim as the last registered instrument on which the claim is based.

Form 1- Notice of Claim

Pursuant to the Marketable Titles Act S.N.S. 1995-96, c. 9

For Registry Use Only

Claimant(s):

Listed owners:

Last registered instrument

Book Page

PID Number

Assessment Account Number

Municipal Tax Account Number

TAKE NOTICE that I, ________________________ presently of _______________________

claim an interest in the land described in

Schedule "A".

1. The nature of the interest in the land claimed is

2. The basis for my claim is

3. My interest in the land vested

4. The last registered instrument on which the claim is based is

5. My interest follows from the last registered instrument as follows:

6. Particulars of every registered instrument constituting the chain of title on which the

claim is based:

(a)

(b)

(c)

7. All other owners of interests in the land described in

Schedule "A" known to me are

8. Particulars of any registered instrument known to me that is inconsistent with my

claim:

9. To the best of my knowledge and belief, the interest claimed in this notice has not

been extinguished, has not expired and is not invalid.

10. The interest claimed in this notice is solely my own interest.

AND I MAKE this claim, under oath (or by affirmation), conscientiously believing it to

be true and to form a valid interest in the property described in

Schedule "A", knowing

that it is of the same force and effect as if made under oath by virtue of the Canada

Evidence Act.

SWORN TO (or affirmed) at

in the County of

and Province of Nova Scotia

this _____ day of ____________,

19___ , before me

_________________________

A Commissioner etc.

___________________________

CAUTION: A notice of claim does not create an interest in land. It will protect a valid

interest in land from being extinguished by the Marketable Titles Act. It does not revive

an interest that is barred by the Statute of Limitations or other law, or that has already

been extinguished by a registered instrument pursuant to the Marketable Titles Act.

Instructions for Completion of a Notice of Claim

Top Box

Leave blank for use of the Registry. The Registry stamp will be put

here.

Left Box

The information in this box will be used to index this document.

Please ensure that the information is correct in every particular.

Insert your full name as claimant. (The registry will index the

claimant(

s) as grantee(s)).

Insert the name of the person shown in the Land Information

Services (LIS) database as the owner. If this information is not

available, insert the name of the person assessed for the property. If

neither of these is available, attach a note explaining why. Include

all names shown in the LIS records as owners even if one of those is

your own. (The registry will index these names as grantors.)

Insert the book and page of the last registered instrument from which

the claim arises (see number 4 below). (The registry will put a

reference to the notice of claim on this document.)

If any of the information in this box is missing, the notice of claim

will not be accepted for registration.

Right Box

Insert the P.I.D. (property identification) number available from the

Land Information Services Division of Service Nova Scotia and Municipal Relations.

If this number is not available, insert the

assessment account number, and if this is not available insert the

municipal tax account number. If no number is available, attach an

explanation.

Failure to comply will result in rejection of the notice of claim by

the Registrar of Deeds .

Notice

Insert your full name and mailing address. If your present name is

different from the name under which you acquired the interest in the

land, include both. For example , Jane Jones, formerly Jane Smith.

Insert the nature of the interest claimed, for example , a one quarter

undivided interest.

Insert the basis for the claim, for example , I am one of the four

children and heirs at law of A.B. , who died intestate in 1962 .

Insert the exact date the interest vested, for example , March 1, 1962,

the date of death of A.B.

Insert full particulars of the last registered instrument on which your

claim is based. Include the nature of the instrument, its date, the

parties to it, and the recording particulars. The book and page will

be the same as included in the left box at the top of the first page of

the notice. Normally, this instrument is the deed or other document

that conveyed the land to the person through whom you claim the

land. For example , Warranty Deed from C.D. to A.B. dated

February 2, 1925 and recorded in the Registry of Deeds for the

County of N in Book 123 at Page 456 on August 10, 1934 as

document number 00000 .

Trace how your interest in the property arises from item 4, listing

every step. For example, A.B. acquired the land in 1925, and still

owned it when she died March 1, 1962, without a will; I am one of

the four children who acquired interests in the land as a result.

Second Example: E.F. acquired lands including the claimed land in

1914 (Book 000 at Page 000); he died intestate in 1932 owning the

claimed land, leaving two children, A.B. and P.Q. A.B. died intestate

in 1958. I am one of the four children and heirs at law of A.B. , and

therefore obtained a quarter of the half interest in the land owned by

A.B.

Insert here all of the documents that make up your chain of title. A

chain of title must be at least forty years plus a day and start with a

root that is a deed conveying the land. It is acceptable to attach an

abstract of title to the notice of claim, in which case this

section

should be completed "see annexed abstract".

Insert here the names of any other person who has an interest in this

land. For example , my brother G.H. has a one quarter interest, my

sister I.J. has a one quarter interest, and my sister K.L. has a one

quarter interest ( or my sister K.L. conveyed her one quarter interest

to X.Y.Z. Limited). Please note that simply naming another interest

in the land will not protect that interest; every person claiming an

interest must sign a notice of claim . More than one person may

sign the same notice of claim.

Include here any document you know of that is inconsistent with

your claim. For example , a Quit Claim Deed from P.Q. to S.T. dated

January 6, 1991 and recorded January 8, 1991 in the Registry of

Deeds for the County of N in Book 789 at Page 123 as document

number 0000 , purporting to convey full title to the land.

Schedule:

Insert a legal description of the land in which the interest is claimed

sufficient to identify the land.

Take Note:

The notice of claim is a statutory declaration pursuant to the

Canada Evidence Act. It is a criminal offence to swear a false

declaration pursuant to that Act