Policy
As part of an authorized lawyer’s registration of title, he/she is required to identify the type of access that exists for the parcel. The parcel access is selected from an exclusive list that is required to be completed on the AFR.
Guideline
It is not the responsibility of staff to attempt to ascertain by what means, if any, the owner gains access to the parcel.
While staff do not vet the choice of parcel access that the lawyer has selected, checking the parcel access that is being used can be very beneficial in identifying issues with other information that appears or is missing in the AFR, such as benefits and textual qualifications.
Typical examples of contradictions between the parcel access selected and information in the AFR that will be questioned by staff;
If parcel access is shown as 'Private' and a Textual Qualification is present stating that there may be access to this parcel but the lawyer cannot certify to it.
If parcel access is shown as "Private' and there is no easement benefit shown either in the benefit category or as a Textual Qualification.
If parcel access is shown as 'Private (openly used and enjoyed) and statutory declarations are not present in the benefit category to support that type of access.
Staff will ensure that the parcel access type shown on the AFR does not contradict any benefits or TQs relating to benefits that are present on the AFR and this is the only review of parcel access conducted by staff during the AFR processing process.
Lawyers should refer to the following resources in determining parcel access:
NSBS Practice Standard: 2.3 Access
NSBS Practice Standard: 3.3 Prescriptive Rights
Anger & Honsberger (17.20.20) - Implied Grant