Purpose of Form:
This document is submitted by an authorized lawyer to place a notice under the Registry Act of a benefit or burden affecting one or more land registration parcels pursuant to Section 14 of the Land Registration Administration Regulations.
The purpose of the Form 8A is to ensure that a search of the named land owner’s parcel will include the notice that the searcher/lawyer may not have found in their Marketable Title Act. This will point the lawyer to the parcel registers identified on the Form 8A. It is then the responsibility of the lawyer to form his/her opinion as the effect of the interest on the non-LR parcel and add any appropriate benefit or burden entries on the AFR for the parcel when it is migrated.
If an authorized lawyer is adding a benefit or burden on an AFR or on a Form 24 where the corresponding benefit or burden appears to affect one or more non-LR parcels, the lawyer must either:
a) File a Form 44 and attach an original or registrar certified copy of the document if it is a document that requires recording under the Registry of Deeds such as a grant of easement or statutory declaration.
Note: If a deed conveys title under the LR system as well as an easement that affects a non-LR parcel; then the deed cannot be recorded under the Registry of Deeds as it does not affect ownership of land under that system. In this case, a Form 8A notice is required.
OR
b) File a Form 44 and Form 8A to provide notice to the last owner(s) as shown in the consolidated index (Grantor/Grantee). If the applicable parcel(s) are associated to an assessment account, the lawyer may reference the owner as indicated on Property Online.
Note: The lawyer may obtain written directions from the Registrar General (RG) on how to reference the owners ,if there isn’t an assessment account associated with a parcel and the RG is satisfied that it would not be practicable to identify the owner s as shown in the consolidated index.
The lawyer must email a request for directions, outlining why it would be impracticable to: RGLandTitles@gov.ns.ca.
No document may be attached to a Form 8A. If the lawyer is attempting to record a document (original grant of easement or statutory declaration) that would be required to be recorded under the Registry of Deeds, it must be recorded with a Form 44 and indexed based on the document attached.
Instrument Type: 407
LR or ROD: This document is indexed under the Registry of Deeds system only
Mandatory E-Submission Applies: Yes (Except where system limitations exist that prevent the submitter from revising the parcel register(s) appropriately). Refer to: E-submission limitations for further details.
Fee Required: No
Accompanying Instrument Required: No (Other than the Form 44 attached to the Form 8A, no documentation is appropriate as the notice includes all relevant information)
Acceptance Criteria for Form 8A:
Correct registration district is provided
Submitter user number and name – required to be the authorized lawyer who is signing the Form 8A
Form 44 is attached
Name of one or more owners are completed under Owner’s Name from the Consolidated Index
NOTE: The following names are not acceptable on this form - Owner Unknown, Road Parcel Owner Undetermined, or Local Common. Refer to regulation 14(7)(b).
One or more boxes has been selected re benefit or burden
All PIDs included in PID box are LR PIDs
Interest holder name and type added to registered parcel is completed (if PID is provided, it is Not an LR PID)
Form 8A is dated and signed by the authorized lawyer
No documents are attached