New Brunswick

Contributing Editor: 
Updated: 2012

Law

Question 1: Under which legislation is the registration system governed?

Answer:

Common law and legislation.

- Registry Act (1973)

- Land Titles Act (1984)

Possessory Title

Question 2: Can title to property be obtained by adverse possession over a period of time?

Answer:

Yes. Under Registry Act after 20 years, 60 years against the Crown.

No. Under Land Titles Act, potential claimant can seek relief from the Court.

Title Search Period

Question 3: What is the title search period?

Answer:

For Registry Act lands - 40 years

For Land Title Act lands - from the date of conversion to Land Titles forward.

Agreement of Purchase and Sale (APS)

Question 4: Is there a standard APS used for most transactions or is it tailored for each property?  Who generally prepares the agreement?

Answer:

The Real Estate Association of NB introduced a standard APS. When a property is sold by a real estate agent, the APS is prepared by the agent before a lawyer is consulted. The standard agreement has schedules to deal with specific types of sales, e.g. condominium, multiple resident buildings.

For commercial transactions, the real estate form was used in the past.

In private sales, real estate forms have been used, but generally the lawyer drafts the agreement tailored to the specific transaction.

Access to Registry

Question 5: How is a search of title conducted?  How is registration completed?

Answer:

Search:

All properties are searchable electronically, in the Registry System or Land Titles System. All documents have been scanned and put on PLANET, an online source of land registration, assessment, mapping and information services operated by Service New Brunswick. PLANET is available online at the lawyer's office. Copies of deeds, plans and other documents are available online and can be printed at the lawyer’s office. There are a limited number of documents still available to be paper viewed at various registry offices.

Registration:

Electronic registration is mandatory in all 15 counties for Transfers, Mortgages, Collateral Mortgages and Discharge of Mortgages. The remaining documents are still to be paper filed.

Surveys

Question 6: How are surveys part of the transaction?

Answer:

Surveys remain essential to proper conveyancing, however, their use has severely declined. A survey is not required for registration of an interest in land (e.g. transfer), unless in relation to a subdivision or consolidation, but encouraged to determine boundaries. Generally required by lenders, however, they will accept a title insurance policy as a substitute. If a survey exists, it may be updated simply by the vendor's statutory declaration that there have been no changes or setting out any minor changes.

Property

Question 7: How can property be held?

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Registration

Question 8: What is the registration process?

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Land Transfer Tax

Question 9: Is there a land transfer tax applicable to the usual transfer?  How is it known? How much? Are rebates available?

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