Transferring Title to Real Property

1. Decide on the Type of Transfer

Ownership can be transferred through:

• Sale – Selling the property to a buyer.

• Gift – Transferring to a family member or someone else without payment.

• Inheritance – Transferring after the owner's death through a will or estate settlement.

• Adding/Removing an Owner – Changing joint ownership or transferring between spouses.

2. Hire a Lawyer or Notary

In Nova Scotia, property transfers must be completed through a lawyer to ensure proper legal documentation and title registration, and only lawyers who pass a particular assessment course can register documents on title for property.

3. Prepare a Deed of Conveyance

A Deed of Conveyance (or Transfer Deed) is a legal document that records the transfer of ownership. It must include:

• Current owner's details (grantor)

• New owner's details (grantee)

• Property description (as per the land registry)

• Transfer price (if applicable)

• Signatures of both parties

• Witness and lawyer authentication

4. Pay Any Applicable Fees & Taxes

• Deed Transfer Tax (DTT) – Most municipalities in Nova Scotia charge a 1% to 1.5% tax on the property value when transferring ownership. Some transfers (e.g., between spouses) may be exempt.

• Legal Fees – Typically range from $800 to $1,500, depending on complexity.

• Property Tax Adjustments – Ensure all taxes are up to date before transferring.

5. Register the Transfer with the Land Registry

Once the deed is signed and notarized, it must be registered with Property Online, the Nova Scotia Land Registry System. Your lawyer will typically handle this.

6. Update Mortgage & Utility Accounts (if applicable)

• If the property has an existing mortgage, the lender must approve any transfer.

• Notify utility companies, insurance providers, and tax authorities of the new ownership.