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

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?

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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What Happens to my Pet if I Divorce or Separate in Nova Scotia?

What Happens to my Pet if I Divorce or Separate in Nova Scotia?

In Nova Scotia animals are legally considered property. This may seem bizarre, as our furry friends have little in common with a lamp or table. There are some areas of Canadian law that treat animals more like living things. For example, the Criminal Code of Canada provides specific crimes for cruelty to animals and provides protections for police service animals, but for any other matters focusing on pets your Province’s personal property law will apply.

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How do I Calculate the Value of an Estate in Nova Scotia for Probate?

How do I Calculate the Value of an Estate in Nova Scotia for Probate?

If the estate requires Probate, the first document you submit to the court will require you to estimate the value of the deceased person’s estate at the time of their death. In many cases, assets may have been sold or money received into the estate after the person died, but for the purposes of calculating the value of the estate for Probate, you only include the assets as at the time of death.

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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.

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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How is Probate Tax Calculated in Nova Scotia?

How is Probate Tax Calculated in Nova Scotia?

Probate Tax in Nova Scotia is applied to the full value of the assets in a deceased person’s estate, IF the estate is handled through the Probate Court. Not all estates require Probate. If you’re not sure if Probate is required, read our blog HOW DO I KNOW IF A NOVA SCOTIA ESTATE REQUIRES PROBATE?

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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?

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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Should I tell Anyone What’s in my Will?

Should I tell Anyone What’s in my Will?

In Nova Scotia, there is absolutely no obligation for you to disclose what is in any of your estate planning documents. That said, there are a number of circumstances when having a frank conversation with your executors and beneficiaries in advance of your death may avoid an unpleasant (and often costly) conflict after you are gone.

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

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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Will the Public Trustee in Nova Scotia help me Probate an Estate?

Will the Public Trustee in Nova Scotia help me Probate an Estate?

If there is a competent adult who is in any way interested in the estate, such as a next of kin, beneficiary under the Will or a creditor, the Public Trustee will generally prefer to renounce their ability to act as administrator or personal representative of an estate.

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

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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A Real-Life Horror Story – He Died Without a Will

A Real-Life Horror Story – He Died Without a Will

Once upon a time, in a land not too far from were you are reading this, there lived a kind man. When he was young, he married. A few years later he realized the marriage was a mistake and he separated from his wife. However, divorce is expensive and their separation was agreeable so they never went through with any formal paperwork. Time went on, and the man met another women who he fell in love with. She too was still married to her husband from an earlier chapter point in her life. They moved in together and had one child. Collectively, their family now had five children because he has two children from his previous marriage and she had two from hers. Life was grand, but then he died.

 

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

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?

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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Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

 Spousal Support: Taking (some of) the mystery out of entitlement to support in Nova Scotia.

Trying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.

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

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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