Frequently Asked Questions
CONTACT INFO:
What is the best way to get hold of your REALTOR®?
TAX
What is a Deed Transfer Tax?
BETTERMENT CHARGES
What are they and who pays them?
NON-RESIDENTS
Are there any restrictions to non-residents for buying property in Nova Scotia?
CITIZENSHIP
Do you need to become a Canadian if you wish to purchase property in Nova Scotia?
CROWN LAND
What is Crown Land?
LRA (the Land Registry Act)
What is "The New Nova Scotia Land Registration System?
PROPERTY TAX RATES
How are property taxes set in Nova Scotia?
PROPERTY TAX FOR NON-RESIDENTS
Are property taxes higher for non-residents?
HEATING SYSTEMS
What is the best heating system for the Nova Scotia climate?
CASH PAYMENTS
How smart is it to pay for real property with cash money?
ABOUT DEPOSITS
How much should a deposit be? What are the rules?
YOUR REALTORŪ, YOUR BEST FRIEND?
You’re so friendly, are you going to be our best
friend?
AIR-CONDITIONING
Is air-conditioning available in Nova Scotia homes?
What is the best way to get hold of your REALTOR®?
That depends.
-If you need a quick response, it's probably best to use the telephone. Ring me on my cell phone at (902) 499-0667 or at the office (902) 453-1700; if I'm not at one, I'm at the other - these numbers are connected.
-
If you need documents, photos or detailed information, e-mail would probably be the best way to go. I check my e-mail very frequently. My universal e-mail address is
menno@menno.ca.
- Of course, I can also be reached by fax (902) 455-6738 or by Royal Mail at
7075 Bayers Rd HALIFAX - B3L 2C1. >
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What is a Deed Transfer Tax?
This is a municipal tax charged to the buyer when a
property is transferred (with few exceptions). The buyer’s lawyer
collects. In Halifax County, the rate is 1.5% of the purchase price.
In other counties, throughout the province, the rates vary.
Click
here for a link to the government website with the updated
rate information, throughout the province.
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What are betterment charges?
Betterment
charges occur when a municipality installs sidewalks or
street-paving, then rolls over some of the cost to the adjoining
property owners. The premise for the cost roll-over is that the
adjoining property owners will gain financially from the municipal
improvements and should "therefore" contribute to some extent.
EXAMPLE: a house on a paved road
would be worth more than an identical house on a non-paved road.
It would,
therefore, be considered unfair to roll the cost of the improvement
entirely over to the general tax-paying population. Objections made
by adjoining land owners are common because many feel that they are
"entitled" to the improvement since they already pay property taxes.
This objection, however, is deemed invalid because property taxes go
towards regular maintenance and are not to go towards improvements
that would benefit (only) the adjoining owners.
The current
cost-sharing arrangement as such is actually a compromise in that
the municipality will absorb some of the cost on the assumption that
there may be "some" communal benefit. However, land owners must pay
their share too, under this arrangement.
Provincial
legislation gives municipalities in Nova Scotia lien rights against
properties for betterment charges, just like they would for
outstanding property taxes. If taxes or betterment charges remain
unpaid for a number of years, the municipality has the right to sell
the property to recover the taxes or charges owed by the landowner.
When a regular
sale of the property occurs, the lawyer will order a tax certificate
from the appropriate municipality to determine whether there are any
outstanding taxes or betterments. Since these charges form a lien
against the property, they must be cleared upon sale. At that point,
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Are there any restrictions to non-residents for buying property in Nova Scotia?
There are none. You may purchase and sell as many properties as you like, regardless of your national origin, residency, citizenship, race, creed, gender, etc, etc.
Do you need to become a Canadian if you wish to purchase property in Nova Scotia?
Not at all. As a non-resident or non-Canadian, you are free to purchase and sell properties. Although there is a technical difference between being a non-resident or a non-Canadian, this would be the same for owning property in Nova Scotia.
NOTE: A Canadian resident is one who resides in Canada, no matter if one is a Canadian citizen or not; A Canadian Citizen is one who holds Canadian Citizenship, no matter if one is a Canadian resident or not. Thus, one can be one, the other, both or neither.
This isn’t complicated AT ALL. Just
look at the following factual examples:
-
Most people living outside of Canada are both Non-residents
(of Canada) and Non-Canadian Citizens, even when visiting Canada;
-
Most people living in Canada are both Residents of Canada and
Canadian Citizens, even when visiting another country;
-
A relatively small group of Canadian Residents are not (yet)
Canadian Citizens (mostly: the group of fairly recent immigrants);
-
Canadians living outside of Canada would still be Canadian
Citizens while being Non-Residents of Canada.
THIS, however, is where it gets
a bit more complicated: one could hold dual citizenship or one could
even hold more than two citizenships. Some people have no
citizenship at all (stateless). There are people who hold residency
in more than one country and there are also people who hold no
residency at all (permanent travellers, for instance).
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What is Crown Land?
“Crown lands” means all or any part of land
under the administration and control of the Minister of Natural
Resources. The expression constitutes a sparkling example of
“Canadian English”. The “Crown” refers to the British
Monarch who, ultimately, rules over the land, aided by the Minister.
Of the 5.8 million ha of land in Nova Scotia, about 1.4
million ha (3.5 million acres) is provincial Crown land administered
by the Land Services Branch, along with submerged lands along the
Province's 9,000 km of coastline. A smaller portion is classified as
federal Crown land, such as national parks, military lands, certain
airports, etc. Municipalities also own some lands but these aren’t
normally referred to as “Crown land”.
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What
is "The New Land Registration System"
Nova
Scotia has acquired new technology to modernize its 250-year-old
Registry of Deeds system. The Land Registration Act moves
Nova Scotia from an antiquated, names-based system to a system that
guarantees ownership and provides access to land-related information
for subscribers through an Internet browser. The Act is now in force
across the province.
Benefits
The new system guarantees land ownership. The registered owner is,
by law, conclusively the owner of the parcel. Before, ownership
could only be determined after a review of all relevant title
documents deposited at the Registry of Deeds. Lawyers would then
give an opinion on title. With the new land registration system,
there is no need to do an historic review of title – a person
wishing to know who owns a parcel of land simply has to look for the
registered owner of the land. This eliminates the wasteful need to
search the historic title to land each time it is transferred or
mortgaged.
Under
the new system, information is indexed according to parcels of land,
instead of by the owner’s name. This makes searching simpler and
less prone to confusion and it makes buying, selling, and mortgaging
land simpler for everyone. Since land transactions are the chief
economic drivers in any market economy, this new system will help
improve the economy and benefit all Nova Scotians.
What
are the differences?
The new land registration system improves the way Nova Scotia land
records are stored and accessed. It will change the information from
names-based to parcel-based, and will provide a guarantee of
ownership for all of the parcels that have been transferred to the
new system.
Do
I have to convert?
Conversion to the new land registration system is not necessary
unless a land owner is selling or mortgaging property, or
subdividing it into three or more lots for the purpose of selling
those lots.
How?
A lawyer will review the historic title records, certify title, and
file an Application for Registration which will trigger the
conversion of the parcel to the new system.
What
are the benefits of registering property voluntarily?
Registration gives property owners guaranteed ownership of their
land. It also makes it easier for them to finance or sell their
property. Once transferred, the bank/buyer will not have to perform
an historic search of the title in order to mortgage or transfer
land - the
owner is guaranteed by the government to be the owner of the parcel.
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How are property taxes set in Nova Scotia?
Property taxes are calculated by multiplying the assessed value with the tax rate.
The assessed value is set by a provincial bureau. They go around to attach an estimated market value to all properties in the province. Typically, the bureau assesses on the low side to avoid lengthy and costly disputes.
The tax rate is set by the individual municipalities and varies a bit.
Within the municipalities, there are different rates for residential, commercial, farm and resource properties.
Since there is such a variety in property taxes, they must always be disclosed with the other listing information.
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Are property taxes higher for non-residents?
Definitely not. The taxes are identical for those that use a property full-time and those that use a property only part-time.
This equality is, in fact, a compromise. There is a group that favours taxes to be higher for non-residents because it is believed that a large percentage of non-resident owners leads to unaffordability for local residents.
There is another group that favour taxes to be lower for non-residents because they use less of the services, paid for by these taxes.
Of course, both sides are right by definition. The current situation has been in place "for ever" and is expected to remain for the foreseeable future.
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What is the best heating system for the Nova Scotia climate?
Most Nova Scotians use oil heat, typically of the baseboard or the forced hot-air variety. Also common is electric heat. Electric heat is considered to be a more expensive choice in day-to-day usage but cheaper in installation and maintenance. Electric heat is considered a good choice for homes that are left vacant for a longer period (in the winter). This is because electric heat never runs out of fuel and cannot fail to fire up.
In-floor radiant heat is gaining popularity but is, basically, only seen in the most recent homes. It is one of the more expensive choices to install but relatively efficient to operate.
Heating with natural gas is still as good as unknown in Nova Scotia; propane heat is rare and expensive. Alternative sources (wind and solar) are very rare.
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ABOUT DEPOSITS;
How much should a deposit be? What are the rules?
A deposit is placed in the broker’s
trust account. It serves to show “good faith” to the seller. The
deposit remains in the broker’s trust account until the
transaction closes. Alternatively, a deposit can be released when
both parties agree to its disposition.
There are no rules as to the size of a deposit. Is $1,000 a
realistic deposit? Is $10,000 realistic? Is a certain percentage
realistic? Again, there are no rules or laws as to the size of
deposits.
Still, there are some suggestions. For instance: the larger a deposit,
the more serious the buyer appears to be. Also: since the buyer is
planning to pay for the property anyway, what would be the benefit
to a small deposit?
A great exercise is to consider how the opposing party
may feel
about the size of the deposit. Being the buyer, you could try to
imagine if you would wish to tie up the property for a substantial
period of time for a certain amount of security (had you been the
seller). Conversely, if you are the seller, you could try to imagine
how it would be to have to tie up a certain amount for a longer
period of time (had you been the buyer).
Usually, the issue of the deposit will work itself out on the
understanding that all parties are being reasonable.
TIP: It sometimes is a good idea to have a gradually
stepped deposit. For instance: $1000 on signing, an additional $2500
after 10 days. Then a final additional $1500 after 30 days.
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How smart is it to pay for real property (in part or entirely) with cash money?
If you mean to pay for your purchase with actual cash bank notes, that would incur a definite no-no. By paying with cash in any significant amount, you would be attracting the attention of the RCMP (Royal Canadian Mounted Police); the natural suspicion is generated by the fears of the Proceeds of Crime Act.
NOTE: In Canada, even a cash payment of a relatively small deposit creates some complications. A bank transfer, cheque or draft is always safer.
If you mean to use non-borrowed funds (often also referred to as a cash purchase), then you are fine. The funds would flow from one bank account to another and be transferred by cheque or electronic wire.
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YOUR
REALTORŪ, YOUR BEST FRIEND?
You’re so friendly, are you going to be our best friend?
The truth? The function of a REALTORŪ is to
guide you towards the sale. We don’t get paid for showing you
houses, we don’t get paid for driving you around. We only get paid
when a sale goes through.
Having said this, we do achieve a level
of friendliness and understanding. We’ll be building a kind of
rapport. Without interaction, it’s not really possible to work for
you in the best possible fashion.
I vow that I won’t attempt to become your best friend. This is how
that energy will be channelled: I’ll work hard for you and I’ll
do so at odd hours, if the job so requires. This guarantees top
results on your behalf. I hope that you’ll refer YOUR friends to
me when they need a REALTORŪ.
The
long and short of it: don’t do business with friends.
Your
REALTORŪ, not your friend.
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Is air-conditioning available in Nova Scotia homes?
It's rare and not really necessary for 11 months of the year. In coastal areas, very few homes have air-conditioning. The pleasant ocean breeze keeps the temperature mostly under control. Valley properties get hotter, consequently some homes would have an air-conditioner. However, virtually all motor vehicles have air-conditioning.
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