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Upon an examination of the records at the Registry of Deeds revealing a good and marketable chain of title, your lawyer will provide you at the closing with a Certificate of Title containing their opinion on title which will be subject to;

Mortgages (if any)

Restrictive Covenants (if any)

Easements, Rights of Way, and Agreements (if any)

The accuracy of the information contained in the statutory declarations (if any)

The existence of any persons who have obtained adverse possession, prescriptive rights, or squatters rights to occupy or use the property.

The accuracy of the indices at the Registry of Deeds

The diminution of the dimensions of the property resulting from minor adjustments of street lines

Their opinion on title will also be subject to the following qualifications about which they do not have the knowledge, expertise or credentials to certify

Survey, they cannot certify the actual location of any buildings, the actual boundaries, or the existence of any encroachments on or from the property Unregistered easements, encumbrances, or agreements which will not be found at the Registry of Deeds, they cannot certify that such encumbrances do not exist. Federal, Provincial, or Municipal laws, by-laws and regulations affecting the property and its use, they cannot certify that the property and its use comply with all requirements regarding health codes, building codes, building permits, occupancy permits, environmental regulations, subdivision by-laws, well certificates, septic certificates, and zoning by-laws. Value, they cannot certify as to the value of the property or as to the quality of any construction that may exist thereon.

Remember when buying property that the overriding principle of law is "Buyer Beware". The onus is on the Purchaser to be prudent.

Your lawyer will have the title searched at the Registry of Deeds to ensure that there is a good and marketable chain of title showing the ownership of the property to be in the name of the Vendor as described in your Agreement.

You will be notified immediately if they should find any defects in the title which might hold up the closing. If a major defect in the title is found, their office will file an objection to title with the Vendor's lawyer, which is a letter written on your behalf indicating that the title was not satisfactory and, unless the flaws or defects in title can be corrected by a certain date, the Buyer is not willing to proceed with the transaction. They will then arrange for the Agreement of Purchase and Sale to be declared null and void, and for the return of the deposit. This would only be done with your instructions, of course. Sometimes, even if an objection to title is found, there is a relatively simple solution, maybe in the form of Title Insurance.

The search of the title will also indicate whether or not portions of the property have been expropriated and whether or not the property is subject to restrictive covenants, building restrictions, easements, or rights-of -way recorded at the Registry of Deeds. If the title search indicates that your property is subject to these or any other restrictions, they will provide you with the necessary information prior to closing so that you can make sure that nothing will unduly lessen your enjoyment of the property.

Two of the major components ensuring the marketability of property are the certificate of title from the lawyer, certifying the chain of title, and the certificate of the surveyor certifying the extent of title. A Purchaser cannot be completely protected without having both certificates.

The search of the title does not ensure that the house, garage, fences, out buildings, driveway, trees, etc., are located on your property as described in your deed. The Certificate of Title will be subject to survey as your lawyer does not certify as to where your lines are on the ground nor do they certify that the improvements on the property are located within the legal description contained in your deed. the only way to ensure where your lines are on the ground, that the survey stakes are installed, that the improvements and your house are located within the boundaries of the legal description contained in your deed and that you have access to a public highway is to have a qualified Nova Scotia Land Surveyor carry out a full survey.

Should you decide that you would like to have a full survey done of the land you are buying and you want your lawyer to make these arrangements on your behalf you must provide them with a written instruction to do so immediately upon providing them with your Agreement of Purchase and Sale.

As a minimum standard, they recommend to all Purchasers that they obtain a Location Certificate prepared by a qualified land surveyor showing the location of the house, showing all the improvements on the property and showing access to a public highway. You will have to advise them if you want the survey stakes to be installed.

It is important to have the survey documents certified in your name so as to establish privity of contract between the Surveyor and yourself. It may be possible in certain circumstances to have an existing survey re-certified in your name and normally this is less expensive than having to initiate one.

Taxes are normally paid twice a year six months in advance. Upon closing, be prepared to pay six months taxes in advance either by reimbursing the Vendor for prepaid taxes or by kicking off a tax account with your financial institution if it will be paying the taxes on your behalf. In either event your lawyer will complete these adjustments.

On each transaction your lawyer will obtain a Tax Certificate from the Municipality to ensure that the Property taxes are fully paid up to date. If the taxes are in arrears, an adjustment will be made with the Vendor at the time of closing to make sure that the Vendor pays all taxes which are his responsibility. They will provide you with a copy of this Certificate in their report.

Each Municipality in the Province of N.S. has the right to file liens against a homeowners property to pay for Municipal Improvements such as paving, sidewalks, and sewer charges. These liens are commonly referred to as "betterment charges". If these betterment charges are not paid, the municipality has the right to force the sale of the house to recover the unpaid debt. The tax certificate obtained from the municipality will indicate whether or not there are betterment charges against the property. If there are charges against the property, and you have not agreed to take over the cost of the charges as part of your contract, the Vendor will be required to pay off the charges before the property is transferred to the Purchaser.

We advise you to call the Municipal Tax Office a few months after the closing to confirm that the tax account for your property has been switched into your name and that tax bills will be forwarded to your proper mailing address. Failure to receive your tax bill will not prevent you from being charged interest on your account if it is not paid on time.

If your taxes are being collected by your mortgage company, your lawyer would advise you to call your Municipal Tax Office twice a year to make sure your mortgage company has paid your interim and your final bill.

If you have agreed to assume a mortgage or if you have been approved for a new mortgage, your lawyer will deal with the mortgage company directly. The mortgage company will send them all the necessary documents and they will provide you with a copy of the mortgage or the assumption agreement upon closing. They will arrange with the mortgage company for all the funds to be advanced to their law firm and it is through the firm that the mortgage fund will be disbursed. They will require you and your spouse to sign a form authorizing the mortgage company to advance funds directly to their law firm in trust. Further, the mortgage company will not advance funds until they have a certificate of title from their firm. This certificate is similar to the one they provide to you the Purchaser. The Mortgage Company will require a detailed mortgage report as they will be holding the legal title to your home. Your lawyer will forward the necessary documentation on your behalf to the mortgage company upon the return of the mortgage from the Registry of Deeds.

It is important when applying for a mortgage or applying to assume a mortgage that you advise the mortgage officer on first meeting who will be acting on your behalf as your lawyer.

You should make a point to become familiar with the terminology used in your particular financing package, be aware of the interest rate, the term of the mortgage, the repayment schedule, the amortization period, and the prepayment privileges. Is the mortgage "open" and capable of being paid out at any time without penalty, or is it a "closed" mortgage. What are the payout penalties? Is the mortgage capable of being assumed? What are the covenants of the mortgage? What is the outstanding principal balance at the expiration of the term? What are the fees and expenses associated with renewing the mortgage? Is the financial institution paying the property taxes? Is the mortgage portable? What are the fees and expenses associated with the initial mortgage advance? If the interest rate goes down prior to closing, are you entitled to the lower rate? What is the amount of the cheque being forwarded to the lawyer upon closing?

If you are being transferred by your employer, who will be reimbursing you for your moving expenses, you should obtain from your mortgage company a receipt of any money you give them for mortgage application fees, CMHC fees etc.

If you are assuming a mortgage or putting a new mortgage on the property, it is a requirement of all mortgage companies that, at the time you purchase the property, you have in your possession a copy of the fire insurance policy in an amount at least equal to the amount required by the mortgage company. The loss under the policy must be payable to the mortgage company pursuant to the mortgage instructions.

Your lawyer will not conclude the purchase of a property on your behalf unless they have in their hands, by the closing date, a copy of the insurance policy or a letter signed by the insurance company setting forth the details of the policy and confirming that the house is fully covered.

If you are not going to be moving into your home immediately, you should point this out to your insurance agent as, under many policies, the insurance becomes void if the property is left vacant. Your lawyer will also recommend that all policies have an effective date commencing the day before the closing is to take place.

In the Code of Professional Conduct adopted by the Nova Scotia Barristers Society there is a provision that states where a lawyer is requested to act for more than one party to a transaction the lawyer must advise all parties concerned. As your lawyer will probably be retained by your mortgage company to certify the title of the property to secure the mortgage these ethical provisions will come into play.

The most common practice among married couples is to purchase the property as joint tenants. As joint tenants, if one of the two persons in whose name the property is registered dies, title to the property automatically passes to the survivor. Title could be put in the name of one spouse only. This may protect the property against possible debts of the other spouse.

Both spouses could purchase the property as tenants in common which would mean that, upon the death of either spouse his or her one-half share of the property does not necessarily pass to the surviving spouse but passes as directed in the deceased's will or, if there is no will, to the heirs of the deceased. Consequently, when taking title as tenants in common, it would be wise for each spouse to make a will. In any event, you would be well advised to make a will if you do not already have one.

The Agreement of Purchase and Sale will state the closing date and, unless both parties agree to change the date, it will be your closing date unless it falls on a Saturday, Sunday, or Holiday.

Shortly before the closing date, your lawyer will have you make an appointment to go over the transaction, sign your documents and deposit with them the funds required to complete the transaction.

On the closing date, the Vendor will provide the deed and keys to the property. After the deed is transferred and the Vendor is paid, you will be provided with a report containing the Certificate of Title, a copy of your Deed, Mortgage, and all the supporting documentation. Your lawyer's office will register your deed in the Registry of Deeds and file all the necessary documents with your mortgage company. Your lawyer will mail the original deed to you when it is returned from the Registry of Deeds approximately one month after the closing.

Formal closings are a thing of the past. Today, the transaction is agreed to by telephone and the documentation and money are transferred by courier. The informal closing is generally thought of as being more efficient as it saves time for all of the parties involved. The Purchaser and the Vendor no longer have to wait in a lawyer's office on the closing date for the details to be worked out. Your lawyer prefers to have you come into their office to go over the details a few days in advance.

Well in advance of the closing, your lawyer will advise you of the exact amount of money you will need to complete the transaction. In addition to the purchase price, there will be other expenses which you may be required to pay either before or at the closing.

These fees and expenses add up quickly. Each transaction is different and it is difficult to predetermine your expenses. The actual "legal fees" part is easy to determine and is in fact pre-determined, however should there be complications with your purchase or unusual difficulties with the title search at the Registry of Deeds your lawyer will advise you immediately of any increase in legal fees and disbursements.

The Deed Transfer Tax is another expense that often gets confused with lawyer's fees. It is generally 1.25% of the purchase price and is paid at the closing as well.

Another point to remember when thinking of expenses at the time of closing is that mortgage lenders advance funds based on a percentage of the lower of the appraised value of the property and the purchase price. If your appraised value comes in lower than the purchase price, the financial institution will be advancing less funds and you will have to come up more. To avoid surprises, always confirm the amount of the cheque being advanced from the mortgage lender to the lawyer.

Under the terms of most Agreements of Purchase and Sale, the Purchaser is required to pay for the property by cash or certified cheque. Your lawyer's firm will be paying for the property on your behalf using funds provided to them by yourself. your lawyer requires all the funds for the purchase of your house to be provided to them by certified cheque or bank draft. Your lawyer will obtain the bank draft for your mortgage funds directly from the financial institution. The certified cheque or bank draft for your down payment, legal fees, and disbursements should be made payable to your lawyer in Trust.

It is your lawyer's job to do everything they can to protect your interests in this transaction. Your lawyer will attempt to provide you with prompt legal service in a manner that will keep you fully informed at every stage of the procedure. Your lawyer wants you to feel comfortable and secure in the purchase of your home. Accordingly, your lawyer encourages you to ask questions.