Category: Legislation

While there is a section on applicable taxes in the Buyer’s Guide: How to Buy Land in Nova Scotia, the topic is worth a deeper dive. That is particularly true due to the recent increase in capital gains inclusion rates that became effective across Canada in 2024.

Deed Transfer Taxes

The most common tax to be aware of is the Municipal Deed Transfer Tax (MDTT). Municipal Deed Transfer Tax rates are set by each municipality, and generally range from 1.0% to 1.5% of the sale price of the property. At the bottom of the post, you’ll find the applicable MDTT rate for each municipality in Nova Scotia. Municipal Deed Transfer Taxes are collected on behalf of the municipality through Land Registration Offices when the deed is registered/recorded. 

Provincial Non-Resident Deed Transfer Taxes (PDTT)

Here’s the fun part for out-of-province buyers. As of April, 2022, property buyers who are not residents of Nova Scotia must pay an additional 5% in deed transfer tax. This is in addition to the municipal deed transfer tax. The PDTT applies to all residential properties with 3 dwelling units or less, including vacant land considered to be residential property.

NOTE: the PDTT will be 5% in most cases, but it is actually the greater of the assessed value of the property, or 5% tax on the sale price of the property. 

Capital Gains Tax

When selling vacant land, capital gains tax may apply. The difference between the sale price and the original purchase price, minus any eligible expenses, is considered a capital gain. This tax is not part of the purchase and sale process; instead, it’s a requirement as part of the tax return filing of the seller. Capital gains are reported at tax time using Schedule 3, Capital Gains (or Losses).

There are some exemptions. If you’re selling your principal residence – the home you live in – you are exempt from capital gains. But if it’s a second home, a cottage, or just a big ol’ parcel of land you own, you’re on the hook for capital gains.

When you complete the Schedule 3, you’ll enter your original purchase price, sale price, and any eligible expenses including selling and closing costs. The resulting gain after those deductions is what you’ll pay tax on. The tax rate on your first $250,000 of capital gains in a calendar year is taxed at 50%. Any amounts above that are taxed at 67%. For a quick calculation of how much tax you may owe, try the Capital Gains Tax Calculator from Lari.ca.  

 

Taxes Due to an Estate on Death

I’m going to touch on some possible tax events to your estate in the event of your death. Sorry to get morbid, but I do think there’s a real awareness gap here. Land is a funny type of asset. In many cases, it’s passed on to family through the generations. Meanwhile, the value of that land is increasing and, in the event of death it can trigger … you guessed it… capital gains tax. 

 

Upon the death of the owner, the property is deemed to be disposed of at its fair market value. Any resulting capital gain must be reported on the final tax return of the deceased, potentially leading to a significant tax bill. The land can be transferred to a surviving spouse if one exists – this basically defers the tax until a future date when the surviving spouse passes away.

 

To give a quick example, in 1990, Paul inherits a 250-acre woodlot from his parents. Taxes are all paid up by the time the deed transfer is completed, so Paul was not impacted by that and didn’t need to get involved. He spends decades enjoying the woodlot and trails with his family. Meantime, the market is driving real estate prices much higher in the area. Fast forward to today and Paul has passed away. Diving into his estate, his son is shocked at the extent of the capital gain on that land.

  • Original market value (1990): $40,000
  • Current market value (2024): $350,000
  • Capital gain tax payable: $165,020

Effectively, the cost of keeping that land in the family is $165,020 which will be deducted from the assets of Paul’s estate and significantly reduce the funds that his son inherits. These are just pretend figures of course, but I feel this scenario is quite real for many people who may not be aware of the implications. 

There are estate planning strategies that might help you reduce the ultimate tax bill if you have substantial land assets. Those are beyond my scope of advisement and I’d recommend talking to a good financial planner or accountant.

GST/HST on Sales of Vacant Land

I’ve written on this topic in the Buyer’s Guide: How to Buy Land in Nova Scotia, so I won’t duplicate that here. In a nutshell, if the land being sold is owned by an individual and was used solely for personal use, GST/HST does not need to be charged or collected from the seller. There are nuances to this including land that has been subdivided into multiple portions. For a good source straight from the Government, read the info here. 

Property Taxes on Nova Scotia Land

Of course, for any owner of Nova Scotia land, there are property taxes to be paid each year. I’ve written a fair bit about how property is valued and the impact on your taxes in my post called Your Property Assessment and Nova Scotia Property Tax.

 

To wrap up this topic, you will find the list of Nova Scotia municipal deed transfer tax rates below. And here are links to other topics on buying land in Nova Scotia that might interest you:

Municipal Deed Transfer Tax Rates

This data is current as of July, 2024. Municipal tax rates can change over time. For a current snapshot, visit the Provincial website. 

County Municipality Rate Payable at LRO
Annapolis Municipality of the County of Annapolis 1.5% Kentville
Annapolis Town of Annapolis Royal 1.5% Kentville
Annapolis Town of Middleton 1.5% Kentville
Antigonish Municipality of the County of Antigonish 1.0% Amherst
Antigonish Town of Antigonish 1.5% Amherst
Cape Breton Cape Breton Regional Municipality 1.5% Sydney
Colchester Municipality of Colchester 1.5% Amherst
Colchester Town of Stewiacke 1.0% Amherst
Colchester Town of Truro 1.0% Amherst
Cumberland Municipality of the County of Cumberland 1.5% Amherst
Cumberland Town of Amherst 1.25% Amherst
Cumberland Town of Oxford 1.5% Amherst
Digby Municipality of the District of Clare 1.0% Kentville
Digby Municipality of the District of Digby 1.0% Kentville
Digby Town of Digby 1.5% Kentville
Guysborough Municipality of the District of Guysborough 1.0% Sydney
Guysborough Municipality of the District of St. Mary’s 1.25% Sydney
Guysborough Town of Mulgrave 0.5% Sydney
Halifax Halifax Regional Municipality 1.5% Halifax
Hants Municipality of the District of Hants East 1.5% Kentville
Hants West Hants Regional Municipality 1.5% Kentville
Inverness Municipality of the County of Inverness 1.5% Sydney
Inverness Town of Port Hawkesbury 1.5% Sydney
Kings Municipality of the County of Kings N/A N/A
Kings Town of Berwick 1.0% Kentville
Kings Town of Kentville 1.5% Kentville
Kings Town of Wolfville 1.5% Kentville
Lunenburg Municipality of the District of Chester 1.5% Bridgewater
Lunenburg Municipality of the District of Lunenburg 1.25% Bridgewater
Lunenburg Town of Bridgewater 1.5% Bridgewater
Lunenburg Town of Lunenburg 1.5% Bridgewater
Lunenburg Town of Mahone Bay 1.5% Bridgewater
Pictou Municipality of the County of Pictou 1.0% Amherst
Pictou Town of New Glasgow 1.0% Amherst
Pictou Town of Pictou 1.0% Amherst
Pictou Town of Stellarton 1.0% Amherst
Pictou Town of Trenton 1.0% Amherst
Pictou Town of Westville 1.0% Amherst
Queens Region of Queens Municipality 1.5% Bridgewater
Richmond Municipality of the County of Richmond 1.5% Sydney
Shelburne Municipality of the District of Barrington

1.5%

Real estate investors in any part of the world are looking for the same thing: under-valued real estate investments with high upside potential. And if you’re not looking at Canada’s Atlantic coast as a promising opportunity, you might be missing out  In particular, I feel Nova Scotia’s land market has the most to offer. Here’s 8 reasons why:

01

Canada is closed to foreign home buyers

The Prohibition on the Purchase of Residential Property by Non-Canadians Act effectively shut the door for foreigners looking to purchase residential property in Canada for all of 2023 and 2024. But guess what’s exempt? Land! Foreign investors can buy all the land they like, and build houses on it too. For foreigners who want to invest in Canada’s lucrative housing market, it’s as simple as buying raw land with development potential, and then build, baby, build!

Next, let’s look at why Nova Scotia is a particularly great place to invest…

02

Nova Scotia has some of the cheapest land per acre in Canada

While we’re not necessarily buying farmland, the farmland values index from Statistics Canada is a useful measure of the relative value of acres in each province. The data shows that an acre of farmland in Nova Scotia averages $3,913, lowest among the Maritime provinces and second only to the Prairies.

 

Province

Average cost of land/acre – 2023 (CAD)
Ontario

$19,685
British Columbia $10,056
Quebec $9,964
Newfoundland / Labrador $8,642
Prince Edward Island $6,452
New Brunswick $4,340
Nova Scotia $3,913
Alberta $3,728
Manitoba $3,439
Saskatchewan $2,384

Next, looking at the growth of land prices by province from May 2020 to May 2024, the Atlantic provinces of PEI, Nova Scotia, New Brunswick, and Newfoundland/Labrador really stand out. While other regions have seen dramatic growth in land values, the East Coast is holding steady at affordable prices. For anyone looking to buy low, now is the time.

 

Province Land Cost Increase (05/2000 to 05/2024)
Quebec 17.35%
British Columbia

12.93%

Ontario

 11.63%
Prairie Region 6.57%
Atlantic Canada 2.08%
Canada (Average)

11.23%
Source: Statistics Canada

 

03

Homes are selling at record-high prices in Nova Scotia

Sure, you’re just buying land, but residential housing figures are important for determining the potential value of the land once developed. The second column in the table below lists the average selling price of homes by province based on May, 2024 data. The third column compares home prices with land prices to show how many acres of land one could buy based on the average selling price of homes in that province. The higher the number the better, indicating you can buy land that, if developed, will pay off more richly than it would in other areas. Nova Scotia’s numbers are near the top, second only to the prairie provinces of Alberta and Saskatchewan. But don’t head for the Prairies based on that data. Read on for more reasons why Nova Scotia is by far our number 1 choice.

 

Province

Avg. cost of land/acre – 2023 (CAD)

Avg. home price – May, 2024 (CAD)

 Home Price / Land Cost Ratio
Ontario

$19,685

 $890,634 45.2

British Columbia

 $10,056

$1,001,736

 99.6
Quebec

$9,964

 $498,124 50.0
Newfoundland / Labrador

$8,642

 $306,184 35.4
Prince Edward Island $6,452 $391,819 60.7
New Brunswick

$4,340

 $338,740 78.1
Nova Scotia $3,913 $464,661 118.7
Alberta $3,728 $507,706 136.2
Manitoba $3,439 $371,224 107.9
Saskatchewan $2,384 $328,029 137.6

04

Nova Scotia is growing fast, with a bold pledge to reach 2 million residents

In 2021, Nova Scotia’s provincial government launched its Population Growth Strategy, setting a goal of reaching the 2 million mark by 2060. To reach this target, Nova Scotia will have to welcome 25,000 newcomers every year going forward. The program started well, with over 60,000 newcomers to Nova Scotia in the first two years. In Nova Scotia, you have a clear population growth mandate, backed intensely by the government and with programs to support it. All of those newcomers will create an increasingly competitive market for land and housing – exactly the type of demand that drives price increases.

  Population (May 2020)

Population (May 2024)

 Growth Rate
Canada (Avg.) 38,006,941 41,012,563 7.91%
Prince Edward Island 158,401 177,081 11.79%

Alberta

4,405,455

 4,849,906 10.09%
Yukon

41,807

 45,750 9.43%
British Columbia 5,169,535 5,646,467 9.23%
Nova Scotia 986,204 1,072,545 8.75%
New Brunswick 782,512 850,894 8.74%
Ontario 14,752,374 15,996,989 8.44%

Manitoba

 1,379,280 1,484,135 7.60%
Quebec 8,550,900 9,030,684 5.61%
Saskatchewan 1,169,038 1,231,043 5.30%
Nunavut 39,137 40,758 4.14%
Newfoundland / Labrador 527,733 541,391 2.59%
Northwest Territories 44,565 44,920 0.80%

Source: Statistics Canada

05

Housing in Nova Scotia is already in drastically short supply

  1. What do all those newcomers to the province need? A roof over their heads would be a great start. A 2023 study by consultant Turner Drake & Partners found that Nova Scotia will be short 41,200 homes in less than five years, and the shortage in housing units could reach 80,400 within 10 years. So, let’s add up a few observations on the Nova Scotia real estate market so far: 
    1. It has some of Canada’s cheapest land available, which can be purchased by any foreign resident
    2. Houses are selling for over half of a million CAD on average
    3. The population is growing rapidly with a goal of doubling residents by 2060
    4. It’s expected the province will be short about 80,000 homes within 10 years

When you add all these factors together, it creates a pretty compelling case for foreign investors.

06

Nova Scotia has breathtaking scenery and beautiful coastlines

Remember comparing land values with the Prairie provinces earlier? Consider that in Nova Scotia you can find cheap land that has ocean views, mountain trails, streams, forests, or access to one of thousands of beautiful lakes. You can find that in British Columbia, but you’ll likely pay 5 times as much per acre. Having gorgeous scenery that adds to your land’s market value gives land buyers a wider variety of options based on the specific features they are looking for.

07

The weather in some areas of Nova Scotia is far more pleasant than you may think

There are different micro-climate areas areas all over the province, but if you’re dreading harsh Canadian winters you may be in for a nice surprise. Nova Scotia’s South Shore area, extending from Halifax to Shelburne, has quite mild winters compared to the harshness many Canadians endure.

While it might seem silly to compare Nova Scotia’s climate with California’s, have a look at the monthly average high/low temperatures of Shelburne, NS as compared to San Francisco, CA. A colder winter to be sure, but the temperature differences are far less than one might expect.

  Shelburne, NS
San Francisco, CA
January 1° / -9° 14° / 8°
February 1° / -9 16° / 9°
March 5° / -4 17° / 10°
April 10° / 0° 18° / 11°
May 16° / 5° 19° / 12°
June 21° / 9° 19° / 12°
July 24° / 12° 19° / 12°
August 24° / 13° 20° / 13°
September 20° / 8° 21° / 13°
October 14° / 3° 21° / 13°
November 9° / 0° 18° / 11°
December 3° / -6° 14° / 8°

08

Nova Scotia has an abundance of natural resources that fetch a premium in other places

As our world continues to face the strain of sustaining our population, some of the most fundamental resources that we take for granted stand to increase in value. Construction engineers are learning that using mass timber for construction instead of concrete can dramatically reduce the greenhouse emissions for new buildings. Water is becoming increasingly polluted in some areas, requiring more expensive treatment or the need to import from a cleaner source. And environmental scientists are finding new uses for age-old resources that previously had little value, such as that sea kelp you find all over beaches on the Nova Scotia coast. For most local and foreign investors, it comes back to one basic resource: trees, trees, trees. With some education and good silviculture processes, even a small stand of trees can become a viable income source. Investors who eye long-term investment growth will get it – it’s like slow-motion farming – each year that your trees grow they increase in value. To learn more about woodlot investing, visit our post on Nova Scotia Woodlot Management.

 

Why Wait?

Don’t let today’s opportunity be tomorrow’s regret. There’s a compelling case for foreign investors to buy land in Nova Scotia. 

If you’re looking for a place to start, try our free Buyer’s Guide: How to Buy Land in Nova Scotia. Or explore the site for tips on land development, conducting title searches, access to zoning maps and land use bylaws, and so much more.

Lake Ainslie - waterfront land for sale

A Land Survey is your official “map” of your Nova Scotia land

“Is it surveyed?” is a common question that comes up when buying land in Nova Scotia, or anywhere really. While a survey isn’t essential, it’s the surest way to fully understand the boundaries of a property. And for certain activities like subdividing land, it’s essential. In this post we’ll dive into the ins and outs of surveying land, and include a list of Nova Scotia surveyors for each region.

A land survey to confirm property rights

If you’re buying or owning property in Nova Scotia, getting a land survey can help you protect your investment. The work of a surveyor produces a detailed map that shows exactly where your property lines are, which is quite handy for avoiding any mix-ups with the neighbors. Typically you can see the surveyor’s work with your own eyes – in brush-covered areas they will typically cut (or “slash”) a clear trail along the boundary lines. As the landowner, it’s important to keep these boundaries cut. If you let the vegetation erase those trails, you’re losing some of the value of the investment in the survey.

In Nova Scotia, land can take on some strange dimensions. Narrow, long rectangular lots exist in many places. A 200-acre lot might be just 50-feet wide, so knowing where the property abuts the neighbour’s is important. And surveys don’t just mark out the boundaries; they also show where buildings and fences sit on your property, as well as existing rights of way or easements, which can be quite helpful if there’s ever a disagreement over land. 

In one instance I purchased property and later realized as I looked at a satellite map that there was a neighbour’s barn that was clearly encroached on my land. I did what I often do when predicaments arise – absolutely nothing – but luckily the owner reached out to me to resolve the problem. Part of the solution of course was a survey. Together we planned out some subdivision lines and engaged a surveyor to make it official. 

But it’s not just about solving disputes. Knowing the exact scope of your land is useful if you ever want to sell your place or build something new. Everyone involved gets to see the clear-cut lines, which makes everything smoother.

But again, a survey isn’t essential. I typically only get a survey done if there are important questions or issues to solve, or if there’s a development work that requires it such as subdivision. Another thing to explore is whether the property has been previously surveyed. Some surveys will appear in the Property Online Land Registry, but it’s not automatic that all surveys get added to that database. In the example I referenced earlier, I can go to Property Online and view the survey that was created to enable subdivision of the lot. In another example, a neighbour shared with me a survey that was done about 10 years ago – searching Property Online does not turn up that survey.

If you don’t have any luck turning up old surveys, you might be surprised how much you can observe from the land directly. Metal survey markers are often placed at the corners of property boundaries. One parcel I owned had markers on a few corners, a lakefront on another side, and a clear natural boundary (a stream) on the other. This made the boundaries pretty evident without the need of a survey.

Nova Scotia Land Survey

Facilitating Real Estate Transactions

When it comes to buying or selling property in Nova Scotia, having a land survey can give the buyer some assurance that there are no discrepancies with the boundaries of the lot as seen on sites like Viewpoint or Property Online. A professionally created survey gives everyone involved a clear picture of what’s being dealt with, which can really speed things up and boost confidence in the deal.

I have had buyers include different price points in their offers to buy land. For one 30-acre lot, there was an as-is offer, and an offer with an extra $5,000 if the land had a survey. The buyer can also offer to complete the survey at their own expense, with a provision to buy the land if the survey proves true to the description provided. 

Most banks and lenders want to see a recent land survey before they’ll hand over any cash, to ensure that there are no legal issues with the boundaries that could mess things up later. 

 

Development and Land Use Planning

When you’re looking to develop or use land in Nova Scotia, a land survey is like having a roadmap that not only guides you through the local zoning laws but also helps you protect the environment and plan for the future. Let’s break it down:

First up, zoning compliance with Nova Scotia Land Use Bylaws. Nova Scotia’s got its own set of rules about what you can and can’t do on a piece of land, depending on where it’s located. Want to build a new coffee shop or a cozy cottage? You’ll need to check that your plans align with local zoning regulations. A land survey provides important details to make sure your project doesn’t turn into a zoning nightmare.

A land survey can also point out sensitive areas like wetlands or wildlife habitats on your property that need to be protected. By knowing this upfront, you can plan your developments around these areas, ensuring you’re doing your part to keep the local ecosystem thriving. 

Lastly, thinking about the future is key. Whether you’re planning a commercial development or a residential neighborhood, a land survey lays the groundwork for what’s possible. It can help you visualize the space, plan out utilities, and see potential obstacles before they become expensive problems. This foresight can save you time, money, and headaches down the road, making sure your development is practical and sustainable.

In the case of subdividing land, a surveyor will typically provide a complete solution that involves obtaining permits from the municipality and coordinating the review and approval of the application for subdivision. A Nova Scotia real estate lawyer is required as well for registering the new parcel. Another tip: if you need to have the land migrated, do that first! By migrating the full parcel first, you will not need to spend more money to migrate subdivided properties later.

The Cost of A Land Survey in Nova Scotia

Brace yourself – surveys don’t come cheap. Here are some quotes I’ve received:

  • $1,500 for surveying a 16-acre property
  • $11,000 for surveying and subdividing a 100-acre property with very steep peaks and valleys
  • $20,000 for surveying a 30-acre property that was flat and grassy

My best advice is don’t get just one quote. You will find a surprising range of variation from one provider to another. Another important point: get in the queue early. Not much surveying happens in the winter months, so surveyors typically start off in the Spring with a huge backlog of projects that can sometimes extend well into the summer. For one of the quotes above I was told in April I’d have to wait until next year. 

Generally your spot is held by placing a deposit, such as 10% of the estimated price.  

Find a Nova Scotia Surveyor

The best source I have found for locating surveyors in Nova Scotia is the Association of Nova Scotia Land Surveyors, which has a Find by Location page that includes listings for each region of Nova Scotia. 

When buying land in Nova Scotia, a title search is essential.

Paperwork, right? When what you want is a beautiful slice of Nova Scotia land, who wants to dig through dusty old deeds and legal documents? But as I’ll explain below, a title search is a MUST-DO activity for any prospective land buyer. Let’s dive into why it’s important, and how to get it done. 

What is a Title Search or Land Registry Search?

A title search involves looking up a real estate property to determine important information such as ownership, claims on the property, any rights of way or encumbrances, etc.

Why is a title search important?

A title search is essential because it verifies the identity of the seller, and makes the buyer aware of any claims or restrictions associated with the property. If you’ve ever purchased a home, you’ve done a title search – it would have been completed by your lawyers as part of the sale closing process.

 

When it comes to buying land, particularly with a private sale, you need to ensure a title search is completed. It can be done as part of the closing process, but I strongly recommend conducting a title search much earlier, basically before any money changes hands.

 

To point out just a few of the issues that can be spotted through a title search:

  • Owner fraud: A title search tells you exactly who owns the property you’re considering buying. Don’t take ownership on good faith simply because someone is claiming they own a property for sale – a title search gives you certainty from a trusted source.
  • Claims on the property: Just a few weeks ago I was contacted by someone who had made a large deposit on a land parcel through a private sale. There was no purchase and sale agreement in place, and the buyer hadn’t conducted a title search. When I looked up the property in question, it had an “interest” on it. There was an existing mortgage from one of the big 5 Canadian banks. The seller had a home nearby, and all three parcels of land they owned were included as collateral in the mortgage on their home. So what? Well, if the buyer had carried on with payments, while the seller neglected mortgage payments and fell into default, the bank could then legally take possession of all of the land parcels.
  • Rights of way and easements: Many rural land plots in Nova Scotia are accessible only through rights of way established in dated documents that can be tough to decipher. The ultimate question with a land parcel is, can I legally get in and out of it with a vehicle? A title search will reveal the terms of any rights of way that apply to the property.  

 

When should I do a title search or land registry search?

If you are serious about purchasing a property, it’s best to do the title search as early in the process as possible. Title search fees and services will be included in the closing costs that you would pay to a real estate lawyer, but that step typically takes place at the end of the sale process. Doing a title search early helps you spot any issues that might affect your decision to buy in the first place.

 

Do I need a lawyer to conduct a title search or land registry search?

No. You can do it yourself if you can Access Nova Scotia’s Property Online (POL) database. It’s an online search tool for finding land ownership and related information associated with a Nova Scotia property. Online access costs over $100 per month, so it’s not for everyone, but you can also buy access for a half day of searches for $6.59 (fees are listed here) by visiting a Nova Scotia land registry office. 

 

You may need a lawyer if the title search turns up items that are confusing or unclear. Rights of way can get particularly confusing when the only definition comes from a handwritten deed from decades ago. Fortunately though, most title searches I’ve engaged in generally show what you want to see – a clean and unrestricted title to the land. When that’s the case, the conditions for buying/selling are clear-cut, and your only restriction on the use of the land will be the local zoning bylaws.

 

What info do you need to conduct a title search?

You’ll typically need one of the following identifiers:

  • Property Identifier (PID#): this is a unique number for each parcel of land in Nova Scotia
  • Assessment Account (AAN): This is the account number associated with a parcel of land’s assessment value and property tax.
  • Owner Name
  • Civic Address: This is tricky with undeveloped land as there won’t be a typical civic address

What information is included in a property title search?

If your search in Property Online (the Nova Scotia land registry database) turns up a result, you’ll see an initial overview page for the property…

Nova Scotia property title search details

Here you’ll find standard information on the property:

  • PID#
  • Type: e.g. Standard Parcel
  • Status: e.g. Active
  • LR Status: NOT LAND REGISTRATION or LAND REGISTRATION. This field indicates if a property has been migrated in the Nova Scotia Land Registry system. For more detail, read our post on how to migrate land in Nova Scotia.

The owner…

  • Name
  • Address

The location…

  • Civic Address
  • County
  • Area: (size, e.g 100 acres)

Assessment value…

  • AAN: You can use the AAN to look up current and historical property taxes on the PVSC website.
  • Value: $(residential, resource). This represents the currently assessed value of the property. For more, read our post on property assessments in Nova Scotia.

From here you have a few options to see more details within Property Online. The “Details” link takes you to more specific information on the property.  You can also click to view a map of the property. While the mapping tool is not as useful as the tools from Viewpoint and RemaxNova, it is THE official record of the dimensions and layout of the property, so it’s worth a look.

 

Diving into the Property Online Details

There are a lot of fields on the Property Online details page – too many to list. Instead, I’ll emphasize the ones with the greatest potential impact for a buyer or a seller of Nova Scotia land.

 

Owner Name: This should match the person you’re intending to buy land from. If there’s a discrepancy, you want to make sure they are entitled to sell and transfer the property. 

 

Instrument Types:

Deed: There’s a section for instruments (documents) that will often have the most critical information. In it, you should find any deeds associated with the property. The most recent, and therefore most relevant, will be at the top of the list. You can click on the deed to read the details.

 

Viewing the most recent deed is essential. It will specify the boundaries and dimensions of the property as well as any conditions or easements associated with it. Now here’s the fun part – there’s no single template for deed documents. While they generally follow the same flow and format, there are differences. Older deed documents will be typed or even hand-written, sometimes in a writing style that is hard to decipher.

 

Registered Interests: If there is a registered interest on the property, it means that a third party (most often a creditor, like a bank) has a claim to ownership based on an agreement. Most often when a registered interest appears, it’s a mortgage lender. You can directly access the mortgage documents, which will let you see when the loan was established, the principal and the rate of interest, and any other conditions on the loan. What you can’t see unfortunately, is how much has been paid off and how much is outstanding. 

 

In order to sell a plot of land or a subdivided portion that has a mortgage-related interest on it, the seller needs to obtain permission (or a partial release) from the lender. This reduces the collateral for the lender.

 

Right of way: There are two places you’ll find right of way or easement information associated with a property. In some cases they are unique instruments (documents) that show on the details page. In other cases they are included in the property description within the deed itself. Rights of way are pretty critical for some properties. You don’t want to unknowingly purchase a landlocked property. Many right of way descriptions are vague. Nothing can stir up neighbourly disputes like unclear right of way details. If you’re unsure what rights that right of way includes, it’s best to consult with a Nova Scotia real estate lawyer. One quick example: I have a lakefront property with a deeded right of way through a neighbour’s property. Over the years, trees and brush have grown up over the right of way area. Can I just show up one day with a bulldozer and start tearing through my neighbour’s land? Better ask a lawyer first.   

 

Easements: Logging companies and utility operators have easements associated with many properties. This gives them the right to access the property based on the terms specified in the document.

 

Our list is not exhaustive. Sometimes you’ll find something more rare like a covenant, which lays out in specific terms how the land can be used by any future owner. The main point is to avoid surprises. Lastly, if you’re looking for detailed advice on buying land, check out our buyer’s guide called “how to buy land in Nova Scotia” or read our deep dives into taxes on land sales in Nova Scotia, or how to migrate a property.

Contents

 

Cabot-Trail-Oceanfront

Property Migration: How to Migrate Land in Nova Scotia

“Is it migrated?”

It’s a question that will come up for any property purchase in Nova Scotia. In this post we’ll cover the basics of migrating land in Nova Scotia, as well as some important reasons why both buyers and sellers should care about whether a property is migrated. 

 

 

What is land migration?

Call me a cynic, but the root cause of the need for land migration in Nova Scotia is the price of going digital. Instead of funding the entire paper-to-digital conversion for all Nova Scotia properties, the government elected to have property sellers pay for the legal costs on a per-property basis before any property can be sold. It’s essentially the act of recording property information in the Nova Scotia land registry.

 

Is my property migrated? 

It’s easy to check. Enter the PID in a good real estate search site like Viewpoint.ca. Assuming you found the property, click on it for details. In the accordion menu on the details screen, you’ll see a row for “Land Registry”. Click on that sucker. Look in the center column, “MIGRATED” will show a Yes or a No. 

 

The provincial website also points out that you can determine if your land is migrated by contacting the Land Registration Office in your county. I’ll use the web, thanks.

 

I can’t find any stats on the total percentage of Nova Scotia properties that have been migrated. Many haven’t. Generally, the older the property and the longer it’s remained in the same hands, the less likely it has been migrated. 

 

Do I need to migrate a property to buy/sell?

Yes, very likely. Conversion is mandatory if: 

  • Ownership changes via a transfer of value
  • The lot is subdivided into three or more lots (unless lots are for family transfer)
  • You obtain a new mortgage or increase the principal on your existing mortgage.

 

Who pays for land migration?

The seller typically pays for land migration. In some private sale arrangements, costs may be shared or the buyer may agree to fund the migration cost. (Note: we have a sample Purchase and Sale Agreement for Vacant Land here) In a normal transaction however, the cost is covered by the seller.

 

What are the costs?

I’ve migrated multiple properties, and the cost is typically around $1,200 CAD. Most websites will quote a range from $800 – 2,000. Some properties may be more complex, but for the most part the process is quite simple. That amount should include the government’s $100 registration fee for converting a property. The lawyers pocket the rest. If you want the full picture of how much it may cost you to sell land, you should also explore our post on Taxes on Land Sales in Nova Scotia.

 

How is land migrated?

You can explore the full details here, but to put it simply, you contact a Nova Scotia real estate lawyer and share the property details. They will look into the title of the property using the Property Online land registry database and determine if there are any registered interests such as mortgages.  (Note: we have detailed info on using the Property Online land registry for a title search). The lawyer will then submit registration paperwork (a document called an AFR) to the Land Registration Office. It includes sections for parcel information (address, PID), registered owner, Qualifications, Opinion & Certificate of Title, and Parcel Description Information. There’s a few checks and notifications that come next, but most of that happens between the lawyer and the Land Registration Office. 

 

Do I need a lawyer to migrate land?

Yes, I believe you do. I’m a big fan of DIY options, but I think only Nova Scotia-authorized lawyers can complete a property migration. Happy to be told otherwise! We’ve compiled a region-by-region list of Nova Scotia real estate lawyers.

 

How long does it take to migrate land?

About two weeks generally. But wait! Part of the lawyer’s title history search will comb through 40 years of property history. If you have any sort of hiccup in the process this is likely where it will emerge. I have one property that could not be migrated based on the dates of the wills associated with the property. It was lacking “a good root of title” according to the Real Estate Standards. In this case, the land was purchased at tax sale, which means I’m waiting six years from the original purchase of the land. As the Lawyers’ Insurance Association of Nova Scotia describes, “A lawyer may migrate a parcel using a tax deed as the root of title only if six years have passed since the tax deed was registered”. Four more years to go… 

 

What property migration issues should buyers be aware of?

Well, if you’re purchasing land that hasn’t been migrated, there’s a small chance that title issues may surface in the process. It’s rare, but as mentioned above, I’ve had it happen to me first-hand. It’s important to know if a property is migrated, but not as important as our list of Good Questions to Ask When Buying Land.

 

What property migration issues should sellers be aware of?

First of all, not all migrations are a slam-dunk. If you are arranging a private sale through an agreement, that agreement should stipulate what will happen in the event of migration issue. There’s also the cost – you should know if your property is migrated before you attempt to value it for sale, and factor the migration cost into your asking price so that you’re not taking a surprise hit on your profits.

 

When is the right time to migrate a property?

If you have no plans to sell a property, you can carry on with unmigrated as long as you like. However, if you plan on selling, it’s best to get it done beforehand. 

If you plan on subdividing your lot into multiple properties, you should migrate beforehand. That way you can migrate the full lot for one fee. If not done before your subdivision is approved, each subdivided parcel will need to be migrated separately. 

 

A few notes on my real estate law credentials…

I have none. As always, I’m sharing my information on land migration simply as a guy who’s been down a few roads and learned a thing or two. For any complex situation involving land migration, you’re best bet is a seasoned real estate lawyer to help you through. 

For more tips on how to buy land in Nova Scotia, visit our Buyer’s Guide: How to Buy Land in Nova Scotia.

We’ve previously written about how the Nova Scotia Non-Resident Deed Transfer Tax may impact foreigners hoping to buy land in Nova Scotia. But here we’re discussing a different type of legislation (the federal government’s Prohibition on the Purchase of Residential Property by Non-Canadians Act, which came into effect Jan 1, 2023). This Act is far more impactful on the ability of foreign residents to buy land in Nova Scotia. And for a change, there’s good news to share.

Today the CBC posted an article titled “Federal Government eases some restrictions on non-Canadians purchasing property.” The government is walking back restrictions that were passed into law earlier in 2023. 

Here’s some good news. People from outside Canada who have a work permit or are allowed to work here can now buy a home. Just make sure you have 183 days or more left on your permit and only buy one property.

What about buying vacant land? Yes, one of the included amendments repeals the existing provision so that foreign buyers are not prohibited from buying vacant land.  The zoning of the plot of land is important. Non-Canadians and foreign businesses can now purchase vacant land that is zoned as residential or mixed use. After purchase, the vacant land can be used for any purchase by the buyer, including development of residential properties. 

This is a welcome change as we are in the midst of a housing shortage crisis in Canada, particularly in areas like Nova Scotia that are seeing high levels of immigration. Allowing foreign residents to purchase vacant land in Nova Scotia, and develop into affordable housing, will help reduce market pressures and support Nova Scotia’s economic growth. 

If you’re ready to start your journey to buy land in Nova Scotia, we recommend starting with our Guide: How to Buy Land in Nova Scotia – it’s loaded with advice for first-time land buyers in NS and written specifically for someone shopping from a distance. In it, you’ll also find links to the various Nova Scotia land use bylaws and zoning maps, statistics on land sales in Nova Scotia, and so much more. 

Two additional posts you may find valuable are:

 

(Note: this post deals with the provincial deed transfer tax affecting foreign buyers. View this post for information on the repeal of restrictions for foreign buyers purchasing vacant land in the Federal Prohibition on the Purchase of Residential Property by Non-Canadians Act). For a full overview of all the types of taxes applicable for a land owner in Nova Scotia, read our post on Taxes on Land Sales in Nova Scotia.

 

Effective April 1, 2022 the Province of Nova Scotia introduced a non-residential deed transfer tax. It is described as a measure to make home ownership for Nova Scotians more accessible. The tax amounts to 5% and is paid as deed transfer tax when a property changes hands. 

 

So what about vacant land? Vacant land is subject to the 5% transfer tax if it is classified as “residential”. To my understanding, this includes all land except land classified as “resource” or “commercial”. Most individuals aren’t buying vacant land classified as commercial, however the “resource” classification is not uncommon. On forested lands, there can be a percentage split between “residential” and “resource”. 

 

There are some exceptions, for example if you plan to move to Nova Scotia within six months. You can see full details here. Unfortunately, most out-of-province buyers will be dinged with this new tax. To give an example of the difference, let’s take the average vacant land sale price from our recent post on Nova Scotia vacant land sales statistics: $72,250. There’s a deed transfer tax calculator on wowa.ca. So, on that $72,250 purchase, an out-of-province buyer is paying $4,696.25. A Nova Scotia resident, in contrast, would pay $1,083.75.

 

So congratulations to Premier Tim Houston –  you’ve chased off a whole class of buyers that were ready and eager to invest in Nova Scotia. Many of these buyers are also developers, with an interest in building on vacant land. Are they building luxury vacation homes so they can helicopter in on weekends, eat caviar and splash around in the pool? No, most that I know are looking to build… wait for it… affordable single-family homes. This new housing would then be sold on the market, providing a much-needed boost in the amount of homes available for local buyers. 

 

With this new tax, many developers will simply look elsewhere. Nova Scotia’s production rate of affordable housing will be limited to the slow pace provided by local economies. It’s a penny-wise-pound-foolish approach designed to win popularity points with voters who tend to perceive “outsiders” as the problem for whatever ails them. 

 

According to a CBC article, there are about 28,000 non-resident property owners in Nova Scotia. Of these, 42% hold vacant land. It’s not a large number for a province the size of Nova Scotia, and the vacant landholders in particular are not to blame for a shortage of affordable housing in Nova Scotia.

 

The legislation brought a lot of negative attention to the Nova Scotia government, leading them to pull back on another component: the non-resident property tax. And the distaste for the new taxes wasn’t limited to foreigners. As one Nova Scotian commented online: “Everyone except the xenophobic types saw this as the bad idea it was.”