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

What are my Options if I Discover Water Leaks in a House I just purchased 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. That’s why you have the option to ask for permission to do a thorough home inspection and have a Property Disclosure Statement produced.

Read More

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.

Read More

8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

8 Tips to avoid common Nova Scotia “Do It Yourself” Will Kits mistakes

I can't count the number of times a friend or family of a deceased person came into our office with a “do it yourself” Will that couldn't be used because something was done wrong or missing. In theory, online “do it yourself” Will kits are supposed to save you money. Unfortunately, in many cases, issues with these Wills end up causing the person left trying to manage the estate significant time, stress, and money in legal fees to sort out the problem.

Read More

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.

Read More

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.

Read More

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.

Read More

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?

Read More

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.

Read More

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.

Read More

Who has priority to Administer an Estate in Nova Scotia?

Who has priority to Administer an Estate in Nova Scotia?

In Nova Scotia, the Probate Act , section 32, outlines who has priority over who to administer someone's estate if they die without naming an Executor in a valid Will. this applies both when a person dies without having made a will, when someone has made a will but it is deemed not valid or when a person has a valid will but does not name an Executor or any named executors have predeceased the person.

Read More

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.

Read More

Do I Need a Vaccine Policy for my Nova Scotia Business?

Do I Need a Vaccine Policy for my Nova Scotia Business?

On October 6th Premier Houston announced that all Nova Scotia Public Servants must be vaccinated by November 30th. Premier Houston followed this announcement by urging private businesses to create their own vaccine mandates.

After these recent announcements on vaccine mandates you may wonder if your business needs a vaccine policy.

All businesses are different and there is not be a “one size fits all” policy that works for every business.

Read More

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.

Read More

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.

 

Read More

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

Read More

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.

Read More

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.

Read More

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.

Read More

Buying a condo in Nova Scotia? Understand exactly what you're buying

Buying a condo in Nova Scotia? Understand exactly what you're buying

The practical distinctions between buying a condominium and buying property can sometimes be confusing. Here are a few points to illustrate what you are buying when you buy a condo. The exact definition of what you own and what you are responsible for, i.e. what is your unit, should be outlined in your Condominium Corporation's Declaration.

Read More

Prevent Heartache By Having a Lawyer Review Your Nova Scotian Commercial Lease Part II – Leasehold Improvements

Prevent Heartache By Having a Lawyer Review Your Nova Scotian Commercial Lease Part II – Leasehold Improvements

Leasehold improvements include anything that needs to be done to the space that you are going to lease in order to make it fit for your purposes. Your lease should outline who is responsible for making the changes, who is paying for the changes, and what the timeline is for getting it done. It should also make clear who is the decision maker with respect to the leasehold improvements. For example, if new flooring is to be laid do you get to decide the specific type or does the landlord.

Read More