What is Land Registration
?
If you are buying or selling a home in Nova Scotia you will hear about
Land Registration(LRA) and migration of title. This is a system for
registering property that came into effect in the Halifax area in November
2004. In order for property title to change hands the title of the property
must now be moved to or " MIGRATED" to this new electronic
system from the old system. There is a one time cost to do this and
an additional amount of time involved. The cost can vary considerably.
The average cost as of Jan 2008 is about $600 plus HST. This cost can
be paid by the buyer or the seller but in all cases in our office since
it's implementation the seller has paid it.
There is additional time to transfer title as well. The way the system
works is the lawyer enters the title information online and a government
official checks the information and either approves it or asks for changes.
If changes have to be made then the lawyer must make them and submit
the information again. The process can take a few weeks or more. What
this could mean is a closing cannot be completed as fast as before so
closings of less than a few weeks are almost impossible unless the property
is already migrated. Sellers can migrate the title before the property
is sold and many do just that. On the mls listing information sheet
for a property there is now a section that states whether the property
has been migrated or not.
What should I do as a buyer/seller regarding LRA?
The most important thing for a buyer or seller to do is make sure that
the section in the standard agreement of purchase and sale that deal
is property dealt with. As of now there are boxes that both the buyer
and the seller must initial. This may change but there likely will be
a section in the agreement dealing with this.
The second thing is to be prepared for a closing of at least 3- 4 weeks.
Anything shorter than this will be difficult unless the seller has already
migrated the property.
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