Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
What is Title Insurance?
First things first: the word "title" refers to your legal right to own, use, mortgage and sell real property. Title Insurance is there to protect your legal interest, and often that of your lender, in your property.
Read MoreThe average person knows that they have to have a lawyer to complete their real estate transactions - the real question is why? Here are some of the things your lawyer is doing for you:
Read MoreFailing to close on a purchase or sale obviously isn’t anyone’s Plan A, but it does happen. What does Plan B look like?
Some of the reasons that a deal might fall through on closing day include, financing issues, a buyer purchasing a home on the condition that their previous home sold, major issue arises on inspection or pre-close walk through that cannot be resolved.
Read MoreOne major piece of the picture when buying your home is inspecting the property to decide A) what issues there are and B) how they will be addressed OR if you are willing to live with them.
Professional Inspection
One of the first steps after you have signed an agreement of purchase and sale is a home inspection. It is always a good idea to use a professional home inspector come in and do an inspection of the home you are considering buying. Their job is to flag any issues that may change your mind about purchasing the property, or the price you are willing to pay for it. The inspection is the opportunity to raise issues that will need to be addressed. As a result there may be further negotiations with the seller to either take care of the issue prior to closing, or sell at a lower price so you will have the money to fix it. You should look for an inspector that has both liability AND errors and omissions insurance. This protects you not only from any damage they might cause while on the property to do the inspection, but also provides you with possible recourse if they miss something important on the inspection.
Read MoreIt can be hard to decide who is best to help you find the right mortgage. What makes one broker a better fit for you than another? While the search can seem overwhelming, it is worth taking the time to find the right broker for you. A few tips to help you make this choice:
Read MoreWe've all heard the term "closing costs", have you been provided with an explanation of what that really means. I've outlined below things that constitute closing costs for both a sale, and a purchase. It is important to understand closing costs for a purchase do not come out of your mortgage funds. You will have to come up with this amount before the transaction closes. For a sale the closing costs would come off of the top of the sale price.
Read MoreAsk almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision. A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?
The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.
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We are lucky to live in a place with a wealth of cottages and vacation homes. Many Nova Scotians are able to make the dream of having a cottage come true. This blog reviews some of the things to look out for to avoid your dream becoming a nightmare.
Read MoreThinking of buying or selling your home? You should enlist the services of a real estate agent to complete the transaction. Buying or selling your home is one of the largest transactions you will complete in your lifetime. Its important to get it "right". A real estate agent can help you do this in anumber of ways.
Read MoreEvery year after Christmas, Wal-Mart puts tupperware and storage bins up at the front of the store because they are big sellers. January is a natural time to take stock your life. It’s time to pack away the old things you no longer need so you can focus on the important things in front of you. It’s time to put those lights and decorations away for next year and to put that ugly sweater your cousin gave you in the “re-gift” pile.
Read MoreIn family law, the date of separation is a very significant date for two reasons. Most of the time, a couple will not be granted a divorce until they have been separated for one year. The other reason is that the debts and asset of a divorcing couple are generally divided based on the value they had on the date of separation.
Read MoreAre you interested in moving out of an apartment, or building equity instead of paying rent, but a traditional mortgage isn’t the best choice for you? There may be a solution out there for you that you were unaware of. Foxwood Village is a new development in Hubley that is taking what some might consider an unconventional approach to creating their development. If you buy a home in Foxwood Village, you are buying the house itself, but you will lease the land it sits on. You pay a monthly rental fee for the land. The rental fee and collateral mortgage payments would still be less than the average traditional mortgage payment.
Read MoreEver wonder why some people have a ‘slip and fall’ and get a big payout from the business owner where the fall happened, but some people, and sometimes those hurt far worse, don’t get anything?
Most often these situations are governed by the Occupiers Liability Act, although the common law rule of negligence may also apply. Under the Act, the ‘occupier’, defined as the person who essentially has control over the premises (whether because they own it, rent it or for any other reason have physical control over the premises), has a duty to ensure that any person who legally enters the premises will be reasonably safe. The key word there is ‘reasonably’. Obviously no owner/occupier of a property can prevent every potential accident from happening, so the law draws a line between injuries that are as a result of unavoidable, unfortunate accident and which injuries should have been prevented by some action by the owner/occupier.
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Almost everyone has been touched by divorce in some way, so it is not surprising that that so many well-meaning friends and family are eager to give out legal advice during a separation. Unfortunately, their advice is not always accurate or helpful. One commonly repeated myth is that if the parents share equal custody, then no one has to pay child support.
Read MoreAs a Golden Retriever Mom, I understand the desire to ensure your pets would be cared for properly if you cross the Rainbow Bridge before they do. Estate planning will help you accomplish this. Leaving a letter or talking to your family is not legally binding and opens the door to the possibility that your wishes will be ignored and your pets given away, or worse.
Read MoreThinking of buying or selling your home? This is one of the largest transactions you will complete in your lifetime, it’s important to get it "right". A real estate agent can help you do this. These are some of the reasons why:
Read MoreNon-traditional or “blended” families are becoming more and more common in Canadian society. One aspect of this movement is step-child adoption. Before deciding to adopt, it is a good idea to consider meeting with a therapist or a counsellor. In the rush of happiness about your new family it may appear there is no downside to adoption, but this is a big step to take with permanent effects. A counsellor can help you decide if adoption is right for you and the child.
Read MoreAn unfortunate reality of today’s corporate world is restructuring, outsourcing and downsizing. For many hard-working employees, the result is lay-offs. One day you go to the job you’ve devoted yourself to for years and the next you find yourself unemployed with a standardized letter letting you go, along with a request to sign a ‘Release’ in exchange for a severance package. You are reeling and have no idea if the package they are offering you is what you are entitled to. This is where an employment lawyer comes in. Many lawyers, including myself, are happy to meet with people in your shoes to review your situation and give some basic advice as to whether or not the severance package offered is within the acceptable range.
Read MoreA simple ‘texting and driving’ google search generates statistics that goes on for pages. It’s simple logic – if you’re looking at something other than the road when you’re driving, you are more likely to have an accident. One stat pops up repeatedly, and paints a pretty scary picture. A driver’s eyes are diverted from the road for an average of 4.6 seconds when reading or sending a text. In 4.6 seconds, with its driver not looking at the road, a car travelling 100km/hour travels the length of a football field. It doesn’t take a lot of creativity to imagine the deadly situations that might crop up on the road in that span. Not surprisingly, the US National Highway Transportation Safety Administration reports that you are 23 times more likely to crash if texting while driving.
Read MoreYou can obtain a hunter’s license at the N.S. Dept. of Natural Resources, or any approved vendor. You need to renew your hunters licence every year. You must be the age of 18 or older unless you have an adult with you. Hunting season in Nova Scotia is open October 1st until December 5. You are not allowed hunting on Sundays except for November 1st & 8th.
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