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. .
One of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Read on to learn the specifics of who does what.
Read MoreOnce upon a time, in a land not too far from were you are reading this, there lived a kind man. When he was young, he married. A few years later he realized the marriage was a mistake and he separated from his wife. However, divorce is expensive and their separation was agreeable so they never went through with any formal paperwork. Time went on, and the man met another women who he fell in love with. She too was still married to her husband from an earlier chapter point in her life. They moved in together and had one child. Collectively, their family now had five children because he has two children from his previous marriage and she had two from hers. Life was grand, but then he died.
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Restrictive covenants are rules about the use of the property. I.e. the restrict your ability to do things on or to your property. The person (or company) that has the right to enforce these covenants is referred to as the "covenant holder" and is most often the developer of your subdivision. These rules are attached to the property and pass from one owner to the next
Read MoreThis is something that has come up a few times this summer, so I thought I would write a short post about it.
The house (and property) should be clean and tidy. Honestly, the cleaner the better, but certainly “broom clean” is a must.
If you are buying, it may not hurt to include a professional cleaning condition in your agreement so you can be confident that the home will be clean.
Read MoreTrying to determine whether or not you, or your spouse is entitled to spousal support upon separation can be confusing. That is because spousal support is a complicated subject that takes many different factors into account, so the answer may be very different depending on your circumstances.
Read MoreOne of the biggest challenges for business owners is managing cash flow. Running a business is expensive, and while none of your creditors want to wait to be paid, sometimes collecting from your customers can be a real challenge. What can a business owner do to collect money owed by their customers?
Read MoreIn shared custody arrangements child support is often calculated using the simple set off approach. This is a straight forward way of calculating child support and involves the following:
· Parent A’s income corresponds with a child support payment of $500.
· Parent B’s income corresponds with a child support payment of $100.
Read MoreOne of the things that incites the most anxiety when buying or selling a home is the money, who is handling it? Luckily for home buyers and sellers your trusted professionals help you in this department. Your lawyer handles the money for you when you sell your home.
Read MoreShared custody arrangements for children are becoming more and more common in Canada. In family law a 60/40 percent or closer custody split is considered shared parenting.
Read MoreThe practical distinctions between buying a condominium and buying property can sometimes be confusing. Here are a few points to illustrate what you are buying when you buy a condo. The exact definition of what you own and what you are responsible for, i.e. what is your unit, should be outlined in your Condominium Corporation's Declaration.
Read MoreWhen you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.
When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.
Read MoreDid you know there were time limits to file a claim in court? Well, there is! Depending on the type of claim you have, the amount of time you have to file can vary substantially. This period of time is called a “limitation period”. In Nova Scotia, the limitation period is determined by the type of legislation that your claim falls under. If the legislation does not set out a time period, then the Limitations of Actions Act will outline the time limits to follow.
Read MoreProbate is the process by which a “Personal Representative” is formally appointed to have the authority to administer the estate of a deceased. The person appointed Personal Representative assumes the duty of gathering information about all of the assets of the deceased, (such as bank accounts, investments and property) paying the debts of the deceased out of the assets of the estate, and then and distributing the remainder of the assets among the rightful heirs, who are known as beneficiaries .
Read MoreThere are many different ways you can own property. The most common are owning parcels of land, or buying a unit in a building - the condominium. There is another option, where you would purchase a "bare land condominium". The ownership structure of purchasing a bare land condominium is similar to that of the traditional condominium, but refers to a parcel of land, defined by survey markers.
Read More‘Damages’ is a term used to describe the monetary compensation awarded to victims of successful Personal Injury claims. They are calculated and granted by the court following the case. The Damages are an effort to reimburse the victim, as best as possible, for any losses suffered as a result of their injury. These losses could be economic, such as their ability to work for a period of time, or non-economic such as physical injuries. In conducting their calculations of the amount and types of Damages to award, the court asks itself what amount can help to put the victim in the same position they would have been had the injury not occurred.
Read MoreIn Nova Scotia, a builder’s lien that is registered against a property only stays valid for 105 days past the last day of work done on the property unless the lien is “perfected”. “Perfection” in the context of a builder’s lien means that the person who holds the lien formalizes their claim by starting a lawsuit in the Supreme Court of Nova Scotia. If no lawsuit is started within the required time, the lien becomes completely invalid.
Read MoreIf you are having an issue and you would like to go to court but the idea of an expensive legal battle that drags out for years is not something you are interested in you might want to consider Small Claims Court in Nova Scotia. Small Claims Court is designed for matters that are for smaller amounts of money and can be decided without years worth of evidence. However, there are limits to the matters you can take to Small Claims Court.
Read MoreIf you participate in a lawsuit and lose, the judge will issue an order against you. The order will outline the details of his decision, specifically the details of what you are legally obligated to do. In many cases this involves paying somebody a certain amount of money. At this point you can simply choose to pay the amount the judge has ordered you to. However, for a lot of people this is not a realistic option.
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Keeping you home in tip top shape in order to show it can be a task. Particularly when you have pets in your home, but it can make a bad impression if you don't. Here are some things you should think about when your selling with pets:
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When you are buying a home in Nova Scotia there are a lot of moving parts to the process. When you are buying a condominium, often you can count on adding a few more. One of the requirements specific to purchasing a condo unit is getting your hands on the estoppel certificate. It’s important to understand why you need one.
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