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4 (1) In this Act, the meaning of "fraud" is subject to this Section.(2) For the purpose of this Act, the equitable doctrines of "notice" and "constructive notice" are abolished for the purpose of determining whether conduct is fraudulent.(3) A person who engages in a transaction with the registered owner of an interest that is subject to an interest that is not registered or recorded at the time of the transaction, other than an overriding interest, in the absence of actual knowledge of the interest that is not registered or recorded (a) may assume without inquiry that the transaction is authorized by the owner of any interest that is not registered or recorded; (b) may assume without inquiry that the transaction will not prejudice that interest; and (c) has no duty to ensure the proper application of any assets paid or delivered to the registered owner of the interest that is the subject of the transaction. (2) Her Majesty in right of the Province is bound by this Act.
(2) In an enactment, in reference to a parcel registered pursuant to this Act, (a) "registered", "recorded", "deposited" and "filed" mean registered or recorded, as the case may be, pursuant to this Act; (b) "registrar of deeds" means a registrar appointed pursuant to this Act; (c) "registration district" means a registration district pursuant to this Act; (d) "registry of deeds" or "office of the registrar of deeds" means a land registration office established pursuant to this Act.
(3) Where in an enactment it is provided that an order, judgment, charge or lien may be registered, recorded, deposited or filed in any registry so as to bind or charge any interest in any lands in the county in which it is so registered, recorded, deposited or filed, owned by the named defendant or person against whom the order, judgment, charge or lien is made, whether acquired before or after the registered, recorded, deposited or filed, or has the same effect as a judgment pursuant to the Registry Act, the order, judgment, charge or lien shall be recorded in the judgment roll provided by this Act and shall not be registered pursuant to the Registry Act.
(4) Where an enactment provides that any document creating, removing, transferring or affecting an interest in one or more specific parcels may or shall be registered, recorded, deposited or filed in the registry of deeds and where the parcel that is the subject of the document is registered pursuant to this Act, the document may or shall be registered or recorded, as the case may be, in the parcel register of each of the parcels affected.
(5) Where in an enactment it is provided that any notice or other document may be served upon the registered owner of a parcel, or the person appearing from a search of the records at the registry of deeds to be the owner, and where the parcel is registered pursuant to this Act, the registered owner of the parcel is the person to be served.
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2 The purpose of this Act is to (a) provide certainty in ownership of interests in land; (b) simplify proof of ownership of interests in land; (c) facilitate the economic and efficient execution of transactions affecting interests in land; and (d) provide compensation for persons who sustain loss 3 (1) In this Act, (a) "cancellation" means the administrative process by which the prospective effects of recording and registration are eliminated; (aa) "certificate of legal effect" means a certificate prepared and submitted by a qualified lawyer setting out the legal effect of a document in the manner prescribed in the regulations made by the Minister; (b) "court" means the Supreme Court of Nova Scotia; (c) "document" means a writing, a plan, a map or any information in a form that can be converted into a writing, a plan or a map by a machine or a device, and includes information (e) "injurious affection" has the same meaning as in the Expropriation Act; (f) "instrument" means every document by which the title to land is changed or affected in any way; (g) "interest" means any estate or right in, over or under land recognized under law, a prescribed contract or a prescribed statutory designation, including a right or interest under the Canada-Nova Scotia Offshore Petroleum Resources Accord (Nova Scotia) Implementation Act, but excludes any interest under the Gas Storage Exploration Act, the Mineral Resources Act, the Petroleum Resources Act or the Treasure Trove Act; (h) "law" means the law in force in the Province, including enactments and principles of common law and equity; (i) "lien" means an interest created by operation of law that secures the payment or other performance of an obligation; (j) "Minister" means the Minister of Service Nova Scotia and Municipal Relations; (k) "overriding interest" means an interest referred to in subsection 73(1); (l) "owner" includes an agent empowered to act for an owner; (m) " parcel " means an area of land that may be owned in fee simple absolute, but does not mean a structure, building or part thereof unless the structure, building or part thereof is a unit as defined by the Condominium Act; (n) "parcel identification number" means the unique identification number assigned to a parcel; (na) "parcel registered pursuant to this Act" means a parcel for which an application for registration of title pursuant to Section 37 has been accepted by a registrar; (o) "person" includes an agent empowered to act for a person; (p) "prescribed" means prescribed by the regulations; (pa) "proceeding" means an action or application; (q) "qualified lawyer" means a member of the Nova Scotia Barristers' Society entitled to practise law, but does not include a member who is subject to any limitation or restriction on practice imposed pursuant to the Legal Profession Act that precludes the member from certifying title to land; (r) "record" means to secure priority of enforcement for an interest by means of entries in a register pursuant to this Act; (s) "recordable" means capable of being recorded pursuant to this Act; (t) "register" or "parcel register" means the register established pursuant to this Act for a parcel of lands and includes any document incorporated into the register by reference; (u) "registered owner" means the person shown in a register as the owner of a registered interest; (v) "registrable" means capable of being registered pursuant to this Act; (w) "registration" means to affect, confer or terminate registered interests by means of entries in a register pursuant to this Act, and includes a revision of a registration; (x) "registration district" means a registration district established by the Governor in Council pursuant to this Act; (y) "security interest" means a consensual interest recognized by law that secures the payment of an obligation; (z) "service" includes regular mail, except as otherwise provided in this Act; (aa) "servitude" means an interest affecting the use or enjoyment of land created by covenant, condition, easement or implication at law, and includes a utility interest, but does not include a lien or a security interest; (ab) "subdivision" has the same meaning as in the Municipal Government Act; (ac) "successor" means a person who acquires an interest, or an interest derived from that interest, directly or through intermediate transactions, from a prior owner of the interest; (ad) "transaction" means an event or a dealing affecting an interest; (ae) "utility interest" means an easement or other right in or to use land, in existence before the coming into force of this Act, in favour of a public utility or a municipality, and includes a fee simple interest in land owned by a public utility or a municipality before the coming into force of this Act; (af) "wrongful act" does not include an act or omission that is only careless or negligent.
(5) A person does not obtain an interest through fraud if the interest that was not registered or recorded was not enforceable against the person who transferred the interest. (4) Except as provided in Section 73, a lien in favour of Her Majesty in right of the Province pursuant to an enactment may not be enforced against any parcel registered pursuant to this Act unless the lien is recorded pursuant to this Act.
(5) This Act applies to every interest in Nova Scotia lands as defined in the Canada-Nova Scotia Offshore Petroleum Resources Accord (Nova Scotia) Implementation Act.
(6) For the purpose of this Act, Nova Scotia lands as defined in the Canada-Nova Scotia Offshore Petroleum Resources Accord (Nova Scotia) Implementation Act are deemed to be in the registration district that includes the County of Halifax.