Seller financing of land in Nova ScotiaOne of the most common questions I hear is “How does the seller financing work?” When it comes to purchasing land in Nova Scotia, particularly in rural or undeveloped areas, buyers may find traditional bank financing challenging to secure. This is where seller financing comes in as a useful alternative. In a seller-financed land deal, the seller essentially becomes the lender, allowing the buyer to pay for the land over time, directly to the seller, rather than securing a loan from a bank. 

How does Seller Financing Work?

Here’s how seller financing (sometimes called owner financing) typically works:

  • Agreement on Terms: The buyer and seller negotiate terms such as the interest rate, loan term, and any down payment required. These terms can be more flexible than those offered by traditional lenders.
  • Legal Documentation: A Purchase & Sale Agreement is created, outlining the buyer’s obligation to pay the agreed-upon amount, the loan term, the interest rate, and any conditions on their use of the land during the loan term. This document is legally binding, and both parties can involve legal representation to ensure everything is in order. You can find a sample purchase and sale agreement here.
  • Title Transfer: Typically the seller will retain the title to the property until the loan is paid off, at which point the deed is transferred to the buyer with the help of a lawyer. 

Seller financing can be structured in various ways, depending on the needs of both parties. In my case, I keep it simple:

  • I look at the current interest rates for the big banks and set a similar interest rate for the loan
  • I share a loan calculator (like this one from Lari.ca or this one from The Globe & Mail) with the potential buyer so they can look at the cost of payments over multiple timeframes (3 years, 5 years, etc.). Once they find a loan duration and a monthly payment amount that suits them, that gets recorded in the purchase and sale agreement
  • An initial downpayment is sometimes included
  • The agreement includes the ability for the buyer to make additional payments at any time in order to reduce the loan term
  • All payments are recorded in a shared online document, which also functions as a receipt for the buyer

Advantages of Seller Financing

Seller financing offers a range of benefits for both buyers and sellers, making it a flexible and appealing option for land transactions in Nova Scotia.

  1. Easier Qualification Process One of the biggest advantages of seller financing is that it’s often easier to qualify for than traditional bank loans. Buyers who may have difficulty securing financing through a bank—whether due to a lack of credit history, unconventional income, or other reasons—can still purchase land through a seller-financed deal. 
  2. Flexible Terms Seller financing allows for more customized terms than conventional loans. The buyer and seller can negotiate the interest rate, the size of the down payment, the length of the loan, and the repayment schedule. This flexibility can be particularly helpful for buyers who need creative solutions to make the purchase feasible. For example, a buyer and seller may agree on a smaller down payment or a longer repayment period, making the purchase more manageable for the buyer.
  3. Faster Transaction Because seller financing bypasses the need for bank involvement, the transaction process can be significantly faster. There’s no need to wait for bank approvals or jump through the hoops required by traditional mortgage providers. Once both parties agree on the terms, the deal can close quickly, allowing the buyer to take possession of the land without any delay. 
  4. Potential for Lower Purchase Costs By arranging a financial agreement directly between buyer and seller, the buyer can avoid paying realtor fees, resulting in savings that are typically reflected in the asking price of the land.

How to Structure a Seller Financing Deal for Land

When structuring a seller-financed deal for land in Nova Scotia, there are a few key components to consider. 

  1. Down Payment In some cases, sellers may ask for a down payment as a show of commitment from the buyer. This is negotiated as part of the Purchase and Sale agreement.
  2. Interest Rates In a seller-financed deal, the interest rate is often negotiable. It may be higher than the rate offered by traditional lenders because the seller is taking on more risk by financing the deal directly. However, with negotiation, buyers and sellers can arrive at a rate that is fair for both parties. Interest rates in seller-financed agreements can vary greatly, and they may be influenced by factors such as the size of the down payment and the length of the loan term.
  3. Term Lengths and Repayment Plans Seller-financed land deals often have shorter terms than traditional mortgages. Five years is a common choice, but it could certainly be more or less. Most seller financing agreements involve monthly payments of both principal and interest, similar to a traditional loan.

Seller Financing: Risks and Considerations

While seller financing offers flexibility and advantages, it’s important for both buyers and sellers to be aware of the risks involved.

For Buyers:

  • Higher Interest Rates: Interest rates in seller-financed deals may be higher than those offered by traditional lenders, making the purchase more expensive over time.
  • Default Risk: Most agreements will include wording about how missed payments are handled. That could involve additional interest costs for the buyer. In addition, many agreements will stipulate that if a payment is not received over a specific period (say, 6 months), the agreement is null and void. If you’ve paid off half of the property cost but can no longer make payments, you most definitely won’t own half the land – you’ll have nothing.
  • Lack of Traditional Protections: Without the involvement of a bank, some of the safeguards that typically protect buyers in traditional financing arrangements, such as a thorough vetting of the property through an appraisal process, may not be as rigorous.

For Sellers:

  • Misuse of Land: While a purchase and sale agreement typically includes provisions for how the buyer can use the land during the loan term, it is difficult to cover every scenario. Actions such as harvesting timber, or dumping waste on your land, can reduce the value of your property.
  • Management of Payments: Unlike a bank, the seller is responsible for managing and collecting payments over the course of the loan term.
  • Legal Considerations: A poorly structured agreement could leave the seller vulnerable to legal disputes or financial loss. It’s crucial to draft a well-constructed contract.

How to Find Seller Financing Opportunities in Nova Scotia

Seller financing opportunities may not always be advertised, so it’s important to know where to look and how to approach landowners who might be open to this arrangement.

  1. Working with Real Estate Agents Many real estate agents in Nova Scotia are familiar with seller financing and can help connect buyers with sellers who are open to this option. It’s a good idea to work with an agent who specializes in land transactions, as they will have the most relevant contacts and experience. If you are selling a property via MLS, you can have your realtor include details of seller financing options in the listing. You might need to persist on this point – some realtors very much prefer the ease and speed of the traditional lump-sum cheque that closes the deal.
  2. Online Land Listings and Classifieds Several online platforms specialize in land sales and may offer filtering options to find seller-financed properties. Websites like Kijiji, Facebook groups such as ‘LAND for sale in Nova Scotia’, private land sale websites, or even specialized real estate platforms for rural properties can be helpful.

Additional Costs with Seller Financing

There’s no magic method for avoiding the standard closing costs paid to Nova Scotia real estate lawyers for a real estate transaction. Having the deed transferred and registered involves a cost for both the buyer and seller. In my experience this ranges from $400 to $900 for the seller, and typically costs a bit less for the buyer. Here is what the lawyer provides: Preparation of warranty deed, preparing deed transfer tax affidavit, forwarding Warranty Deed to Land Registry Office, receipt of filed deed from Land Registry Office and delivery of report to client.

Example of a Seller Financing Deal

In this scenario, a buyer wants to purchase a 50-acre plot of undeveloped land in Cape Breton for $80,000:

  • Down Payment: The buyer negotiates a 10% down payment of $8,000 with the seller ($8,000).
  • Interest Rate: They agree on an interest rate of 6%.
  • Loan Term: The loan is structured over 7 years, with monthly payments of principal and interest. The monthly payment amount is $1,051.82
  • Cost of Borrowing: Over the 7-year term, the buyer will pay $16,352.54 in interest. That’s significant, but they will benefit from buying now in two ways: a) they’ve locked in the purchase price and any appreciation over the seven years will add to the value of their investment, and b) they can use the land immediately within the boundaries of their agreement
  • Legal Documents: A Purchase and Sale Agreement is drafted and reviewed by lawyers for each party. Once all payments are completed, the deed is transferred to the buyer. The buyer may use the land during the loan term as long as it’s in accordance to the terms of the agreement. 

This arrangement allows the buyer to purchase the land without going through traditional financing, while the seller benefits from earning interest on the loan over time.

Seller financing is an excellent option for buyers looking to purchase land in Nova Scotia. It provides flexibility, faster transactions, and an opportunity for buyers who may not qualify for traditional bank loans. However, both parties must carefully structure the deal, be aware of the risks involved, and seek proper legal and tax advice to ensure the transaction is successful and beneficial for both sides.

 

Dont forget! While seller financing is a useful means for obtaining funding for a land purchase in Nova Scotia, you’ll still want to follow all of the best practices on this site for finding high-value land. That includes topics such as: 

 

Nova Scotia GIS Maps: Never Get Lost Again

It’s that ridiculous, sticky-humid type of heat that has your shirt soaked in 15 minutes. Both mosquitoes and deerflies are swarmed around us, zooming in for bites. We’ve wandered through forest deadfall and thick brush full of thorny plants that tear your legs as you trudge through. And now, I realize, we’ve taken our first steps into a full-on marsh. After hours of this, Deb has nearly had it: “We’re lost, aren’t we?”

 

“Nooooo….” I say, holding my phone where she can’t see it and waiting for Google Maps to load. Damn, no signal.  I remember that day well – it was a frustrating one. And it’ll never happen to me again. 

 

For those in the know about the power of GIS maps combined with navigation apps, just roll your eyes and move on. But if you’re new to the topic, wow, this is a game-changer for anyone who loves to explore.

 

What Are GIS Maps?

Geographic Information Systems (GIS) maps are digital maps that capture, store, analyze, and display geographical data. Unlike traditional maps, GIS maps are dynamic and interactive. GIS maps are georeferenced – they align to real-world latitude and longitude coordinates. This alignment allows you to precisely pinpoint map locations and to layer various types of data such as property boundaries, topography, forestry characteristics, and a hundred other things. GIS maps are used by professionals in forestry, surveying, urban planning, and environmental monitoring. It was my connection with foresters and surveyors that got me chasing this one down – thanks fellas!

 

How GIS Maps Work

I could list the hundreds of data layers available, but let’s focus on those relevant to … buying land in Nova Scotia. First and foremost, the imagery – GIS maps provide some of the most detailed aerial and satellite photography available, period. You can see this in sites like Viewpoint and RemaxNova – look for “GIS” related options in the map layers. The difference between GIS imagery and Google Maps is often very significant. 

 

With the photography as your base layer, the next most important layer for landbuyers and owners is property boundaries. If you’re navigating a 100-acre lot, it’s kind of nice to know when you’re stepping onto the land of a neighbour, especially that guy who loves to drink a lot and go hunting.

 

And it’s really as simple as that. I also use the forestry characteristics, and you can find layers for wildlife characteristics (such as locating habitats of rare or endangered species), but for the most part, you just want to know where you are in relation to the specific Nova Scotia property you’re exploring.

 

But GIS maps are only half the equation. Having a nicely georeferenced PDF of a 100-acre Nova Scotia parcel of land is only useful if you’ve got a tool to pinpoint YOU on that map. 

 

Integration of GIS Maps with Navigation Apps

You want to have that GIS map – your georeferenced PDF file – loaded into a navigation app with offline navigation capabilities. I use Avenza Maps, and it’s been great to me so I haven’t needed to find any alternatives (I’m sure there are many). I’ll go into Avenza some more later in this post. Let’s get into how this stuff works…

 

GPS, or Global Positioning System, is a satellite-based navigation system that provides location information anywhere on Earth. GPS works by using a network of satellites that orbit the Earth. When you use an app like Avenza Maps, your smartphone receives signals from multiple satellites to calculate your exact position.

 

Your smartphone (with the right map and the right app) can connect to these GPS satellites to determine your location. Since the GPS signal is free and available worldwide, it allows your device to track your position without the need for cellular data or Wi-Fi. This is the game-changer I referred to earlier. With a bit of planning, no matter how remote you are and how spotty or non-existent the cellular coverage is, you need never get lost again.

 

Making the Complexity of GIS Maps Very Simple

This stuff can get pretty gnarly. The tools for viewing and outputting GIS maps are incredibly powerful, but not for the average user. Finding the right layers you want (such as Nova Scotia’s property boundaries) is tricky too. After kicking around at it for some time, I’m pleased to say I’ve got it down – at least as far as the basics that cover what I need, which is a highly detailed satellite image of the land I want to see, with a layer on top showing the property boundaries as they are registered in the Nova Scotia Property Online Registry.

 

So let’s make it simple. You need an app. You need a map. And once you connect the two you’re in navigation nirvana.

 

Step 1: Download Avenza Maps

Available for iOS and Android, this navigation app has everything I need, and more. You can use it for free with a limited number of active maps (three). Sure, over time you’re going to want to use more than three maps, but how many will you actively use at a time? The answer is usually one. When you reach your limit, simply delete a map you’re not using and add a new one. You can swap maps in and out endlessly.

 

Step 2: Download a Map

You can find maps by searching in the Avenza store in the app. Many are free. There’s a great map of Cape Breton Highlands National Park for example. Here’s a sample if you want to try one out – it’s a georeferenced GIS map for Kejimkujik National Park (the Park boundaries are not exact – I drew them in roughly as I could see them). I’ll write more about how to obtain GIS maps with property boundaries from the Nova Scotia Property Online Registry a bit further on, but here is an example of a GIS Map of a 100-acre lot in Cape Breton that has the property boundaries highlighted.

 

Step 3: Load your Map in Avenza

The Avenza interface is pretty intuitive. Click on “My Maps” and you’ll see a large orange + symbol in the lower right. Click that to add a map. Among the options you’ll see “Download or import a map”. On the next screen you’ll see several options for obtaining maps.

I keep it simple – I always store my GIS maps in a folder on my Google Drive. So I just need to click “Cloud storage or device” and then I can navigate in my Google Drive to that folder and select the map to load. That’s it! Once the  map loads, you’re ready to navigate.

 

Navigating your GIS Map in Avenza Maps

If you are in the vicinity of the map you loaded, you should have no trouble seeing a blue dot that represents your location. If you’re out of range (e.g. driving toward the location), you’ll need to get closer. Now, there are a wide range of options, settings, and calibration methods for an app like Avenza Maps. I’m no expert in these and I’m sure you can learn a lot from the software’s documentation. But here’s the thing – I haven’t needed to adjust or reset a single thing – it has always worked automatically and perfectly for me.

(Here’s a screenshot of me – the blue dot – walking up the driveway of my cottage. Note that the satellite imagery is foggy here. Normally it’s crystal clear but you may sometimes be surprised to see fog or snow in the image that can limit visibility.)

 

Just one note of caution for a first-time user. When you see your location on the map (showing as a blue circle with a white outline, you’ll also notice an arrow pointing from it. You might naturally assume it’s pointing in the direction you’re facing, but my experience is it’s not really the case. I find I’m better off focusing more on the circle rather than the arrow – you’ll see very quickly which direction you’re headed once you start moving. The app is remarkably precise at monitoring your location.

 

How to get GIS maps for Nova Scotia

Finding what you’re specifically looking for – say a specific property ID (PID), along with the property boundaries as defined in the Nova Scotia Property Online Registry, can be a frustrating search. When you think you’ve found it, highlighting the property and exporting the map in the right format can be a headache too. I’ve endured, and it gets easier with practice. All that to say, if you’d like a georeferenced GIS map of a particular Nova Scotia location (possibly including property boundaries), contact me and I’ll help you out. Happy navigating!

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

Nova Scotia Zoning Maps

One of the challenges of buying land in Nova Scotia is determining what the potential uses of that land may be. Each municipality maintains their own zoning maps and land use bylaws. Nova Scotia zoning codes, bylaws and maps are useful to pinpoint a particular plot of land and determine its what type of zone it is in. With that established, the land use bylaw contains the details on the permitted and restricted uses (e.g. agriculture, commercial, residential, etc.) of each particular zone. Sounds like fun, right?

Well, here’s some good news. In this post, we’ve created the first all-in-one reference for Nova Scotia zoning maps and land use bylaws. We THINK we’ve found them all, but if something is missing or inaccurate please let us know. Of course, zoning is important to consider when buying land, but so are 1,000 other things. Be sure to check out our guide to buying land in Nova Scotia

So, without further ado, here is our list of Nova Scotia zoning maps, updated for 2024:

Cape Breton Zoning Map – CBRM zoning map

Cape Breton Land Zoning Map – CBRM zoning map: https://www.arcgis.com/home/item.html?id=34b5e62a2a7f4904bde0b56a9e27df05

Cape Breton Land Use Bylaw – CBRM land use bylaw: https://www.cbrm.ns.ca/municipal-planning.html

Halifax Zoning Map – HRM zoning map

Halifax Land Zoning Maps – HRM zoning map:  https://www.halifax.ca/about-halifax/regional-community-planning/community-plan-areas/halifax-plan-area

Halifax Land Use Bylaws: There are 22 different land use bylaws for Halifax Regional Municipality. You can find them all here.  

Queens County Zoning Map – Queens NS zoning map

Region of Queens Municipality land zoning maps and land use bylaws: https://www.regionofqueens.com/municipal-services/planning/land-use-planning

East Hants Zoning Map – East Hants ns zoning map

East Hants land zoning map: https://www.easthants.ca/government/municipal-departments/planning-development/interactive-east-hants/

East Hants land use Bylaw: https://www.easthants.ca/wp-content/uploads/easthants-occ/agendas/40094/attachments/23201/PAC_Plan%20Update_LUB_March2023.pdf

West Hants Zoning Map – West Hants ns zoning map

West Hants land zoning map: https://www.westhants.ca/planning/planning-documents/3122-mps-map-1-generalized-future-land-use-map/file.html See additional documents here: https://www.westhants.ca/planning-documents.html

West Hants land use Bylaw: https://www.westhants.ca/planning-documents.html

Annapolis County Zoning Map – Annapolis zoning map

Annapolis County land zoning map: https://annapoliscounty.ca/Documents/1EzFolderList/CommunityDev/MunicipalPlanningStrategyLandUseBy-law/AnnapolisCounty/Future%20Land%20Use%20Map.jpg

Annapolis County land use bylaw: https://annapoliscounty.ca/community-development/zoning-development-control/291-municipal-planning-strategies-land-use-bylaws

Antigonish County Zoning Map – Antigonish ns zoning map

Town of Antigonish land use zoning map: https://www.townofantigonish.ca/news/757-toa-zoning-map/file.html

Town of Antigonish land use bylaw: https://www.townofantigonish.ca/departments/planning-building-services/834-town-of-antigonish-lub-final/file.html

Antigonish County land use zoning maps: https://edpc.ca/plan-documents-and-maps/

Antigonish County land use bylaws: https://edpc.ca/plan-documents-and-maps/

Colchester County Zoning Map – Colchester NS zoning map

Colchester County land zoning map: https://www.arcgis.com/apps/dashboards/510215b0a4384cbfaf901dac8b25347a

Colchester County land use bylaw: https://colchester.ca/3494-central-colchester-land-use-by-law-chapter-40/file

Cumberland County Zoning Map – Cumberland NS zoning map

Cumberland County land zoning map: https://www.plancumberland.ca/zoning-map

Cumberland County land use bylaw: https://www.plancumberland.ca/documents

Inverness Zoning Map – Inverness NS zoning map

Inverness County land zoning maps: https://edpc.ca/plan-documents-and-maps/

Inverness County land use bylaw: https://edpc.ca/plan-documents-and-maps/

Kings County Zoning Map – Kings County ns zoning map

County of Kings land zoning map: https://www.countyofkings.ca/residents/services/planning/Land-Use-Bylaw

County of Kings land use bylaw: https://www.countyofkings.ca/residents/services/planning/Land-Use-Bylaw

Pictou County Zoning Map – Pictou ns zoning map

Town of Pictou land zoning map: https://www.townofpictou.ca/planning-by-laws-and-documents

Town of Pictou land use bylaw: https://www.townofpictou.ca/planning-by-laws-and-documents

Pictou County land use bylaw: I would expect to find zoning maps and land use bylaws on the municipality website, but I’m having no luck locating them. If someone finds it, please send me a link. 

Richmond County Zoning Map – Richmond ns zoning map

Richmond County land zoning maps: https://edpc.ca/plan-documents-and-maps/

Richmond County land use bylaw: https://edpc.ca/plan-documents-and-maps/

Victoria County Zoning Map – Victoria ns zoning map

Victoria County land zoning maps: https://edpc.ca/plan-documents-and-maps/

Victoria County land use bylaw: https://edpc.ca/plan-documents-and-maps/

Yarmouth Zoning Map – Yarmouth NS zoning map

Yarmouth municipality land use bylaw and zoning maps: https://www.district.yarmouth.ns.ca/index.php/municipal-operations/development-inspection/land-development-zoning

Zoning map and land use bylaw for the town of Yarmouth: https://www.townofyarmouth.ca/departments/planning-development/planning.html

Shelburne County Zoning Map – Shelburne NS zoning map

Shelburne County land zoning map (see page 27) and land use bylaw: https://www.municipalityofshelburne.ca/land-development-zoning/

Lunenburg Zoning Map – Lunenburg ns zoning map

Lunenburg County land zoning map: https://www.modl.ca/zoningmap.html

Lunenburg County land use bylaw: https://www.modl.ca/zoning.html

Digby County Zoning Map – Digby ns zoning map

Digby County zoning map (see page 13) and land use bylaw: https://digbymun.ca/3026-land-use-by-law/file.html

Town of Digby zoning map: https://www.digby.ca/planning-and-development/71-town-of-digby-zoning-map/file.html

Guysborough County Zoning Map – Guysborough ns zoning map

District of Guysborough land zoning map: https://modg.ca/sites/default/files/pdfs/Existing%20Land%20Use%20By-law%20Zoning%20Map.pdf

District of Guysborough land use bylaw: https://modg.ca/sites/default/files/pdfs/DRAFT%20New%20Land%20Use%20By-law.pdf

In Conclusion…

We hope you found the Nova Scotia zoning code you were looking for. We’re continuing to create resources to help people with buying land in Nova Scotia. That includes publishing Nova Scotia vacant land statistics, legislative updates for foreign buyers of vacant land, using GIS maps to navigate in Nova Scotia, good (and bad) questions to ask when buying land, and of course, land for sale in Nova Scotia. Are we missing something? Let us know!

 

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. For the ultimate method of navigating a property and assessing the property boundaries, check out my post on using Nova Scotia GIS maps – it’s the same set of tools that foresters and surveyors use, and with it you can truly never be lost again.

 

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.

If you’re involved in buying or selling land, or any real estate, a good real estate lawyer is essential. We’ve provided contact details for several below. A good first question to ask is, “how local does my real estate lawyer need to be?”. In my opinion, you’re better off with a good real estate lawyer hundreds of miles away from the property you’re buying than an average lawyer in the vicinity. Unlike a surveyor, your lawyer doesn’t need to walk the lot. You want someone sharp on property law with good diligence for reviewing and submitting documents, and who responds promptly to your questions. I use the same real estate lawyer for all my deals, even though he’s often at the other end of the province from the properties I’m purchasing.

A real estate lawyer can help you with many tasks, including subdividing land, land migration, purchase and sale agreements, interpreting zoning bylaws and title searches. As we’ve written elsewhere, you can access title information through the Property Online land registry on your own, but a lawyer will have more expertise with the types of documents you’ll find there.  

The days of going in to the law office to sign documents are over, as those things can be done virtually from anywhere. Still, sometimes it’s nice to meet professionals in person, so we will summarize our list of Nova Scotia real estate lawyers by region. Recognizing some real estate lawyers will come and go with different firms, in most cases we’ve listed the real estate law firm rather than an individual.

If you’re looking for surveyors, developers, realtors or other professionals, please visit our Nova Scotia Land Development Guide.

  1. Annapolis Valley real estate lawyers:
  2. Central Nova Scotia real estate lawyers:
  3. Eastern Shore real estate lawyers:

     

  4. Halifax real estate lawyers:
  5. Musquodoboit Valley real estate lawyers:

     

  6. North Shore real estate lawyers:
  7. South shore real estate lawyers:

 

So, you’ve got some land – now what? It will take some time but we plan on building a comprehensive resource covering all the aspects of taking raw, vacant land and turning it into your dream home, cabin, or even a rental property. 

Topics will include land clearing, septic, water and power, excavation, permits and surveys. So, lot’s more to come! To begin, let’s acknowledge the range of professional services that you may need as you develop your property. Those include:

Realtors: for the initial land purchase

Surveyors: for establishing boundaries, and any changes such as subdividing a lot into multiple parcels. Read our post, The Value of a Land Survey in Nova Scotia.

Excavation: including clearing land and installing driveways and laneways

Well Services: Most rural areas rely on drilled wells for the water supply

Lawyers: Useful for buying and selling real estate, establishing sale agreements, etc. We’ve compiled a list of trusted Nova Scotia real estate lawyers. We also have detailed information on conducting a title search in Nova Scotia as well as land use surveys and bylaws by municipality.

Builders: For construction of new buildings

 

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:

 

Since launching BuyLandNS.ca, I’ve had several people reach out to me for help in the process of either buying or selling plots of land in Nova Scotia. Most of my advice is captured in the buyer’s guide to buying land in Nova Scotia, but I do get questions on things it doesn’t cover. Many times people are interested in the process of buying land through a private sale agreement between the two parties. There’s good reason for private sales:

  • The seller can usually save at minimum $3,000 in realtor commissions, savings they can choose to share with the buyer through a lower purchase price  
  • The buyer and seller might choose to arrange seller financing, where the buyer pays for the land in installments over time according to the terms of the purchase and sale agreement
  • Vacant land sales are often less complicated than commercial or residential buildings, requiring less of the professional support and advice that a realtor provides. 

I will say this: realtors can offer amazing value on land transactions. I’ve sold both privately and through realtors. Realtors can bring a lot of wisdom to the process, deal with a lot of inquiries from prospective buyers, and potentially get you top dollar for your land through the great reach of MLS listings which appear on sites like Viewpoint.ca and Remaxnova.

If you feel a private sale is right for you, there’s some things you should be prepared to do:

  1. Have a good Nova Scotia real estate lawyer available to review your documents and to complete the closing process. There are steps like deed transfer and title registration that you need a lawyer to help with. In my experience this costs about $600-800 for a typical parcel of land. Also, if your property needs to be migrated, you’ll need their help for that prior to sale – add another $1,200-$1,400 to your selling cost.
  2. Document your sales terms carefully in a Land Purchase & Sale Agreement. This is the most important document and you want to be sure it’s defensible if the deal goes awry. I worked with a good lawyer to create a purchase and sale agreement. On the next property I sold, I added additional terms based on things I’d learned. I’ve included a generic version of that Land Purchase & Sale Agreement below. It also includes a very simple payment schedule for seller financing.

IMPORTANT NOTE: I am sharing this document as a sample only. I am not a lawyer – in fact, 10 out of 10 lawyers agree I am not a lawyer 🙂  This post and the sample purchase and sale agreement do not constitute legal advice, which only your  Nova Scotia real estate lawyer can give.

SAMPLE PURCHASE AND SALE AGREEMENT – VACANT LAND IN NOVA SCOTIA

THIS PURCHASE & SALE AGREEMENT dated the XXth day of (Month), (Year) 

BETWEEN

(SELLER’S NAME), of (CITY), in the Province of (PROVINCE) 

(hereinafter called the “Vendor”) 

– and – 

(BUYER’S NAME), of (CITY), in the Province of  (PROVINCE) 

(hereinafter called the “Purchaser”) 

WHEREAS the Vendor is the Owner in fee simple of certain real property known as ADDRESS – LOCATION, also known as PID (insert #) (hereinafter  called the “Property”); 

AND WHEREAS the Purchaser wishes to purchase the Property from the Vendor on the terms and  conditions contained herein (hereinafter called the “Agreement”). 

NOW THIS AGREEMENT WITNESSETH as follows: 

  1. The Vendor agrees to sell to the Purchaser and the Purchaser agrees to purchase from the Vendor  the Property for the sum of XXXX Thousand Dollars ($XXXX.00) of lawful money of  Canada (hereinafter called the “Purchase Price”): 

(a) The Purchaser agrees to pay the Purchase Price for the Property in three separate installments  directly to the Vendor as follows: 

  1. First payment: $XXXX.00 upon signing of this agreement by the Purchaser; 
  2. Second payment: $XXXX within thirty (30) days of the signing of this  agreement by the Purchaser; 

iii. Third and final payment: $XXXX.00 within ninety (90) days of the signing of  this agreement by the Purchaser; 

(b) In the event that the Purchaser fails to provide any of the above-mentioned payments on or  before the deadlines set out therein, the Purchaser shall incur a five percent (5%) interest  penalty on all late payments, calculated monthly. 

(c) In the event that the Purchaser fails to provide the minimum amount of $(FIRST PAYMENT AMOUNT) by  (DATE), (YEAR), then this agreement is null and void. 

(d) The payments made by the Purchaser shall be non-refundable at the absolute discretion of the  Vendor in the event that the Purchaser does not complete the Agreement. 

(e) The payments made by the Purchaser shall be made to the Vendor by method of electronic  transfer (e-transfer), bank draft or wire order to the Vendor. 

  1. Upon the signing of this Agreement and the first payment referred to in Clause 1(a)(i), the  Purchaser shall have the right to enter upon the property to inspect the Property for building or  logging. 
  2. The Purchaser shall have no right to conduct any operations, including logging or obtaining  building permits, on the Property until the Closing Date, unless approved in writing by the  Vendor.  
  3. This Agreement shall be completed on or before ninety (90) days of the signing of this agreement by  the Purchaser (hereinafter called the “Closing Date”), or any other date as agreed in writing between the parties in the event that the Purchaser fails to provide payments in accordance with 1(a) or 1(c). 
  4. The Vendor and the Purchaser agree that they are each responsible for their own separate legal  fees and disbursements. 
  5. The Vendor agrees to migrate the Title to the Property from the Registry System under the Registry  Act to the Land Registration System under the Land Registration Act prior to the Closing Date.  However, if any valid objection to title is made in writing to the Vendor, which the Vendor is  unable or unwilling to remove, and which the Purchaser will not waive, this Agreement shall be  null and void.  
  6. The Property is vacant land and is being purchased as is/where is with the Vendor making no warranties or representations to the Purchaser, except those referred to in this Agreement. 
  7. The Vendor is to furnish the Purchaser with the applicable PIDs for the Property, after receipt  whereof the Purchaser is allowed seven (7) days from the date thereof to investigate the title to the  Property, which they shall do at their own expense. If within that time any valid objection to title is  made in writing to the Vendor, which the Vendor shall be unable or unwilling to remove and which  the Purchaser will not waive, this Agreement shall be null and void. 
  8. The conveyance of the Property which is subject of this Agreement shall be by Warranty Deed,  drawn at the expense of the Vendor, to be delivered on payment of the purchase price on the Closing  Date. The Property is to be conveyed free from other encumbrances, except as to any easements,  registered restrictions or covenants that affect the Property and do not materially affect the enjoyment  of the Property. 
  9. All lands, buildings, fixtures and all other Property being purchased hereby, shall be and remain at  the risk of the Vendor. Pending completion of the sale, the Vendor will hold all insurance policies  and the proceeds thereof in trust for the parties as their interests may appear and in event of damage  to the said Property, the Purchaser may either have the proceeds of the insurance and complete the  purchase or may cancel the Agreement and have all monies theretofore paid returned without  interest. 
  10. Interest, rentals, taxes, rates on the premises and assessments are to be adjusted to the date of closing. The cost of municipal improvements, (including, but without limiting the generality of the phrase  “municipal improvements”, betterment charges and capital charges for utility or municipal services)  completed as of the date of this Agreement, are to be paid by the Vendor on or before the Closing  Date, unless otherwise stated. 
  11. Except as otherwise provided in this Agreement, if this transaction is subject to the Harmonized  Sales Tax imposed in the Province of Nova Scotia, and hereafter referred to as “HST”, then such HST shall be included in the Purchase Price and will be remitted in accordance with the applicable  legislation. If this transaction is not subject to HST, the Vendor agrees to provide, on or before  closing, to the Purchaser, a certificate in a form reasonably satisfactory to the Purchaser, certifying  that the transaction is not subject to HST. 
  12. Any tender of documents to be delivered or money payable hereunder may be made upon the Vendor  or the Purchaser or any party acting for them and money to be legal tender. 
  13. All warranties and representations contained in this Agreement shall survive the closing unless  otherwise stated in this Agreement. 
  14. Time shall in all respects be of the essence in the Agreement. In the event of a written Agreement of  extension, time shall continue to be of the essence. 
  15. This Agreement shall enure the benefit of and be binding upon the parties hereto, their respective  heirs, executors, administrators, successors and assigns. 
  16. This Agreement may be executed in counterparts, each of which when delivered will be deemed to  be an original and all of which together will constitute one and the same document and each party  will be entitled to rely on delivery by facsimile machine or by scanned email of an executed copy of  this Agreement as proof that the original has been executed by a party in the manner shown on the  faxed or emailed copy so as to create a valid and binding Agreement among the parties whose  execution is so evidenced as if such parties had delivered an originally executed Agreement in the  manner shown on the faxed or emailed copy. 
  17. This Agreement is to be read with all changes of gender or number required of the context. 

DATED at (CITY), in the Province of (PROVINCE) on the XXth day of (MONTH), (YEAR). 

SIGNED, SEALED AND DELIVERED 

in the presence of: 

(SIGNATURE)

________________________________________ Witness to (Seller) SELLER’S NAME

DATED at _________________, in the Province of (PROVINCE) on the ____ day of (MONTH), (YEAR). 

SIGNED, SEALED AND DELIVERED  in the presence of: _____________________ ___________________________________ Witness to (NAME) 

 

I hope you’ve found this information helpful. If you’re looking for more on buying plots of land for sale in Nova Scotia, check out our buyer’s guide