ADVERSE POSSESSION AND PRESCRIPTIVE RIGHTS OLD …

THE NOVA SCOTIA BARRISTERS' SOCIETY. &. THE REAL ESTATE LAWYERS ASSOCIATION. PROPERTY PRACTICE IN NEW ENVIRONMENTS. FEBRUARY 21ST, 2003. ADVERSE POSSESSION AND PRESCRIPTIVE RIGHTS . OLD DOCTRINES IN A NEW ENVIRONMENT. Catherine S. Walker, Walker's Law Office Inc. 6221 Jubilee Road, Halifax, Nova Scotia TABLE OF CONTENTS. PART I - Introduction What are we certifying? PART II - ADVERSE POSSESSION and the Role of Legislation Historical context ADVERSE POSSESSION in Nova Scotia ADVERSE POSSESSION and the Common Law How much land can be claimed? Constructive Dispossession PART III - PRESCRIPTIVE RIGHTS , the Limitation of Actions Act and the Common Law PRESCRIPTIVE RIGHTS in Nova Scotia PART IV - ADVERSE POSSESSION , PRESCRIPTIVE RIGHTS and the Land Registration Act Other land titles jurisdictions The Nova Scotia context The Land Registration Act PART V - Conclusion APPENDICES. Appendix A - Comparison of traditional Land Title system with the Land Registration Act system Appendix B - Nova Scotia- Legislation relating to Possessory Interests and PRESCRIPTIVE RIGHTS Appendix C - Possessory Title - Summary of relevant statutory provisions - Canadian Land Titles jurisdictions Appendix D - PRESCRIPTIVE RIGHTS - Summary of relevant statutory provisions - Canadian Land Titles jurisdictions Appendix E - Limitation of Actions- Summaryof relevant statutory provisions-Canadian Land Titles jurisdictions Appendix F - Lasting Improvements-Summary of relevant statutory provisions.

Page 2 4Preface to the Professional Standards: Real Property Transactions in Nova Scotia, as approved by Bar Council of the Nova Scotia Barristers’ Society November 22, 2002 rights, the Professional Standards Committee of the Nova Scotia Barristers’ Society embarked on a

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