In Nova Scotia, easements and rights of way are quite common, especially the further away from Halifax you get. Many properties are land locked and are only accessible by a right of way via an easement over another property. While I can provide you with a general understanding of these concepts, it's important to note that specific laws and regulations may vary, and it's always advisable to consult with a qualified legal professional for accurate and up-to-date information.

What is an Easement?

An easement is a legal concept that grants certain rights to individuals or entities over another person's land. It is the right to use the property of another for a defined purpose while leaving the actual ownership of the property unchanged. It is important to note that a "Right of Way" is a type of easement. All "Right of Ways" are easements but not all easements are "Right of Ways" 

What is a Right of Way?

So, what is a Right of Way? A "Right of Way" allows someone to cross or travel over a parcel of land that is not owned by them to access another property. For example, I own a house that is next to a lake but with no direct water frontage. However I can still access the lake over my neighbour's property with the use of a Right of Way over their land to access the lake. Another very common example of a "Right of Way": if a landlocked property does not have direct access to a public road, the owner of that property may have a right of way over a neighboring property to reach the road.

Rights of way can be established in various ways. They may be created through a written agreement between the parties involved, such as a contract or a deed. Sometimes, they are designated by law to ensure essential access or public use. The specific terms and conditions of a right of way, including its purpose, limitations, and any necessary maintenance responsibilities, are typically defined in a legal document or agreement. What's important to remember here is that details matter in your defined use and if you have been approached or want to approach a property owner about a "Right of Way" it is always advisable that you speak with your lawyer and have them review before anything is agreed upon.  The creation, modification, or termination of easements and rights of will involve various legal requirements and procedures. 

Finally, while the holder of a right of way has the legal authority to use the property for whatever purpose is defined, they must generally exercise that right in a manner that does not unreasonably impede or interfere with the rights of the property owner. Vice versa, owners of the land that the easement exists on should not unreasonably impede or interfere with access to the "Right of Way"

Utility, drainage and conservation easements

These easements grant utility companies the right to install and maintain utility lines, such as water pipes, power lines, or telecommunications cables. While drainage easements allow surface water to flow across a property, preventing flooding or water damage and conservation easements are used to protect environmentally significant areas or historic properties. They restrict certain uses of the land to preserve its conservation value.

Structures

When determining the "defined use" (In the context of property law, it can refer to the specific activities or functions allowed within an easement or right of way) of your easement, details matter. The ability to build a structure on an easement or right of way depends on the specific terms and conditions outlined in the legal document or agreement establishing the easement or right of way. Remember, the Grantor owns the land in which the easement resides therefore, the easement is typically for a specific purpose and does not include ownership or possessory powers.

In some cases, the terms of the easement or right of way may explicitly permit the construction of structures, such as a bridge, fence, utility shed, garden suite or utility infrastructure. However, even in such cases, there are often restrictions and limitations on the type, size, and placement of the structures to ensure they do not unreasonably interfere with the rights of the property owner.

Common restrictions or limitations on the construction of structures on easements or rights of way can vary depending on the specific terms and conditions outlined in the legal document or agreement establishing the easement or right of way. Below, are some general restrictions or limitations that are often imposed:

Size and Type of Structures: The agreement may specify the maximum size, height, and type of structures that can be built on the easement or right of way. This helps ensure that the structures do not obstruct or interfere with the intended use of the easement or right of way.

Maintenance and Access: The agreement may require that any structures built on the easement or right of way be properly maintained by the owner of the structure. It may also specify that the property owner or other authorized parties should have access to the structures for maintenance or repair purposes.

Interference with Use: Structures on the easement or right of way should generally not unreasonably interfere with the rights of the property owner or the intended use of the easement or right of way. They should not obstruct the passage, access, or visibility for other authorized users.

Removal and Restoration: The agreement may include provisions for the removal of structures upon termination or expiration of the easement or right of way. It may also require the owner of the structures to restore the affected area to its original condition once the structures are no longer needed.

Compliance with Laws and Regulations: Any construction on the easement or right of way should comply with applicable laws, regulations, permits, and zoning requirements. This may include obtaining necessary permits or approvals from local authorities.

As you can see, things can get quite messy if you are not specific in the "defined use" It's important to note that these restrictions and limitations can vary significantly based on the specific circumstances and the language of the legal document or agreement establishing the easement or right of way. As always, please seek professional advice from your lawyer.

Private Road Easements

A private road easement is a recorded grant of a property right by one or more property owners to permit vehicular access to and from a property. Just like utility easements and Rights of Way, it allows the holder the right to use another party's private property for a specific purpose, such as for a driveway, access road, or utilities like water or sewer lines.

However, since the road exists to provide access to and from multiple properties, the maintenance and regular upkeep of the road typically falls to the property owners with rights to the road easement. 

Here are some benefits to a private road easement:

Access to Landlocked Properties: A private road easement provides access to landlocked properties, allowing residents to enter and exit their properties from public roads.

Utility and Maintenance Access: It allows for the installation and maintenance of utility lines, such as water or sewer lines, and provides a legal right of way for necessary maintenance activities.

Shared Responsibility: Private road easements are often shared among multiple property owners, distributing the responsibility for maintenance and use of the road.

Legal Right of Way: It provides a legal right of way for the construction and use of a shared private road, ensuring that property owners have the necessary access to their properties.

Of course, there is always a list of drawbacks too, see below:

Maintenance Responsibility: Shared private road easements often require all parties to contribute to the maintenance and repair of the road, which can lead to disagreements and financial burdens.

Limited Control: Property owners with private road easements may have limited control over the use and maintenance of the road, as decisions often require agreement among multiple parties.

Liability: There may be potential liability if someone is injured on the private road due to poor maintenance, and property owners may be held responsible.

Complex Agreements: Establishing and adhering to private road maintenance agreements can be complex and lead to disputes among property owners.

Conclusion

The concept of easements and rights of way is essential, especially in rural areas of Nova Scotia, where many properties are landlocked and rely on these legal mechanisms for access. An easement grants the right to use another's property for a specific purpose, while a right of way allows passage over another's land. These legal arrangements are crucial for ensuring access to properties and can be established through various means, such as written agreements or legal designations. 

When it comes to the construction of structures on easements or rights of way, the specific terms and conditions outlined in the legal documents or agreements are paramount. While it may be possible to build certain structures, there are typically restrictions to ensure that the construction does not unreasonably interfere with the rights of the property owner or the intended use of the easement or right of way.

Private road easements, in particular, provide vital access to landlocked properties and allow for shared maintenance responsibilities. However, they also come with potential drawbacks, such as maintenance disputes, limited control, and liability concerns.

While easements and rights of way offer significant benefits in terms of property access and utility usage, they also require a clear understanding of their terms and potential implications. Property owners should approach these matters with careful consideration and, when in doubt, seek professional legal advice to ensure compliance with relevant laws and regulations. 

Posted by Adam Scott on February 8th, 2024

Written by Chris Perkins. Exploring non-resident deed transfer tax and the housing crisis. 

I was recently approached by Krista Gallagher, Halifax-Chebucto MLA with the Nova Scotia NDP. She asked me about my views on the non-resident deed transfer tax, and I discovered it is something I’m quite passionate about. What was going to be a pointed email turned into a piece focused on the bigger issue the tax is supposed to alleviate: A housing crisis driven by a lack of supply. 

The non-resident deed transfer tax is currently 5% of a home's purchase price and applies to buyers who are not residents of Nova Scotia and do not intend to become residents within six months of purchase. The government has proposed increasing this tax to 10% starting April 1, 2025. I have a lot of questions about the non-resident deed transfer tax. I’m curious about the revenue it has generated for the province since its inception and how the revenue has been allocated. I wonder if the government had data on what non-residents were purchasing before the tax was introduced. I would like to understand the impact it has had on home sales and why such a substantial increase to the tax is being proposed now—beyond simply trying to offset a budget deficit. I don’t believe we can simply tax our way out of a deficit or use taxation as a viable solution to our housing crisis.

Despite my efforts to explain the non-resident deed transfer tax to those outside the province, it continues to alienate other Canadians. Given the current political climate, this is the last thing we need. The message being sent is: “You’re not welcome here” or, at the very least, “We don’t want you investing in our province.” I counter this by explaining that we do, in fact, want them here, which is why there’s a six-month window to become a permanent Nova Scotia resident to avoid the tax. However, for many, this requirement is not feasible, and it rarely works as a convincing argument.

From my perspective, non-residents looking to buy in Nova Scotia were primarily searching in a price bracket that was already out of reach for the majority of our population. Most of the buyers I worked with were looking for vacation homes—typically waterfront properties or those near tourist attractions like restaurants and beaches. These clients often had budgets exceeding $1M. They were not competing for semi-detached homes in Sackville, for example, which is where the real market challenges exist.

As shown in the graph below, nearly 50% of our sales in HRM occur within a $200K price bracket, simply because that’s what most people can afford. This bracket represents first-time homebuyers and those looking to upgrade from a semi-detached home or condo to a detached home. If the goal is to impose a 10% deed transfer tax, perhaps it should be applied in a price bracket experiencing the highest demand. A tiered system, based on property value and market pressure, would be a more targeted and effective approach.

I would expect the current iteration of the non-resident deed transfer tax to have little or no effect on the segment of the market that needs it most. However, it is having a noticeable impact on high-end properties, such as luxury condos and waterfront homes—neither of which contribute to the housing crisis.

Speaking from my experience at The Roy, a luxury condo building in Halifax, the target market for condos over $1M has shrunk significantly. The foreign buyer ban has already excluded many prospective purchasers, and the 5% deed transfer tax has deterred countless others—let alone the prospect of a 10% tax. The government may argue that if someone can afford a multimillion-dollar property, they can afford to pay $100,000+ in deed transfer tax. But that completely misses the point. It’s not about ability; it’s about willingness. Buyers will simply invest elsewhere, avoiding Nova Scotia in favor of markets with fewer financial barriers. This not only depresses property values in higher price brackets but also reduces the economic benefits of their spending in the province, along with the property tax revenue they would generate.

If the goal is to generate revenue from real estate, the focus should be on an uncapped property tax. To my understanding, Nova Scotia is the only province in Canada with a cap on property taxes. It’s baffling to me that homeowners who remain in their properties long-term benefit from a tax cap, while those who move are immediately reassessed, ironically making housing less affordable. This system creates two major issues. First, it results in an uneven distribution of the tax burden among Nova Scotia residents. If everyone paid the same rate based on their property’s value, we could likely reduce overall property taxes for everyone, making them more equitable and affordable. Second, it discourages homeowners from selling, fearing reassessment. When people hesitate to move from homes in the $400,000-$600,000 range to larger properties, it creates a bottleneck in the segment of the market where we desperately need more supply. We also need to think about where new supply comes from. 

At a recent housing seminar, David Graham of Atlantic Developments explained that he has primarily built condominium (owned) units rather than rental apartments. For his latest project, he has been forced to build a rental building because condominium construction is no longer financially feasible. While the government has introduced incentives for rental developments, they have done little to support builders looking to construct condos or single-family homes. Construction costs have risen by 60% over the last four years, with taxes, levies, and fees now accounting for approximately 30% of total construction costs. These costs are further exacerbated by delays in the approval process. If the goal is to address our housing crisis, the solution should involve incentivizing developers and builders rather than attempting to tax our way into an unsustainable fix. A profitable builder will build more homes, thereby increasing supply.

Additionally, we are constructing the wrong type of housing. As a parent of a four-year-old and a Dachshund owner, I don’t want to live in a high-rise apartment. In England, row houses are the norm—offering three bedrooms, a couple of bathrooms, and a reasonably sized backyard. This type of housing meets the needs of families while being more affordable to build than standalone homes, making them attainable for a larger portion of the population. Sean Cathcart, Senior Economic Analyst with the Canadian Real Estate Association, refers to this as the “Missing Middle.” Instead of prioritizing estate lots or steel towers, we should focus on building more affordable housing that better serves young families.

The non-resident deed transfer tax is a political maneuver designed to give the illusion that the government is addressing the housing crisis. In reality, it will have little to no effect on the market segment that needs help the most. Additionally, it fosters division within Canada, alienating potential investors at a time when national unity is more important than ever. This tax also reduces potential revenue from annual property taxes and consumer spending in the local economy. While I can’t quantify the exact financial impact, I wouldn’t be surprised if the economic loss—particularly for local businesses—outweighs the government revenue gained from a 5% or 10% deed transfer tax to non-residents. Taxing fellow Canadians who want to invest in Nova Scotia is not a solution; it is yet another problem.

Speaking of problems, here's another of my recent articles about the potential tariff impact to our local real estate market. 

What do you think the solution to our housing crisis is?  Leave a comment below or send Chris Perkins an email at chrisperkins@cbmaritime.ca

Welcome to a beautiful character home in Halifax’s desirable South End, ideally located within walking distance of hospitals, universities, schools, and downtown. Originally built in 1920 by Kenneth H. Smith, Chief Engineer of the Nova Scotia Water Power Commission, this residence blends historic charm with thoughtful modern updates.

The striking curb appeal is enhanced by its classic 1920s architecture, inviting entryway, and original staircase framed by a stunning window that fills the space with natural light. Inside, the home offers nearly 3,000 square feet of living space across three levels, plus additional storage in the attic.

Main Level: Warmth, Space & Function

The main floor features a spacious living room accented by a bay window and propane fireplace. A renovated kitchen provides generous counter and cupboard space, complete with a peninsula breakfast bar with an adjacent formal dining area. A convenient powder room completes the main level.

Second Floor: Retreat & Relaxation

Upstairs, the primary suite offers ample storage and a bright, airy feel, complemented by a private three-piece ensuite. Two additional bedrooms, along with a versatile office or den with built-in bookshelves and a decorative original fireplace, provide flexible living options for families or professionals.

Loft Bonus: Space to Play or Create

The third level reveals a spacious loft with soaring vaulted ceilings, an ideal recreation space, and two unique loft-style rooms that offer endless possibilities for kids to play or for creative use.

Outdoor Living: Private & Practical

The exterior living space is equally inviting, with a newly renovated deck and a fully fenced, landscaped backyard offering privacy and plenty of room for outdoor enjoyment. A detached single-car garage and additional attic storage ensure practical functionality.

Upgrades That Matter

• Roof, kitchen, baths, windows, electrical: updated in 2015

• Propane fireplace (2018), water heater (2022), deck/fence (2024)

• Chimneys rebuilt, sewer pipe replaced (2024)

• Fiberglass oil tank with warranty (2014)

Prime Location for Family Life

This home sits within the sought-after LeMarchant-St. Thomas school catchment and is surrounded by fabulous neighbors. You'll enjoy being close to Halifax’s best amenities, green spaces, and vibrant downtown culture, all from a quiet, tree-lined street.

The Halifax real estate market is entering a phase we haven’t experienced in nearly six years. The chaos of COVID-19 brought an influx of buyers from across Canada and around the world, quickly absorbing housing supply and causing home prices to skyrocket—nearly doubling in record time.

Today, things are starting to normalize. We're returning to a healthier, more balanced housing environment in Halifax, Nova Scotia—one that benefits both buyers and sellers. But in a balanced real estate market, the strategy for selling your home needs to change.

Halifax Housing Inventory Is on the Rise

As of now, inventory is at its highest level since 2019. This shift means buyers have more choice than they’ve had in recent memory. They can take their time, weigh their options, and negotiate terms that work in their favour.

With this in mind, correct pricing is more critical than ever. Overpricing your home in a balanced market will likely result in your property sitting unsold. And if home values in Halifax continue to decline into the fall and winter, you risk having to lower your price repeatedly—essentially chasing the market downward. Listing competitively from the start could ultimately save you thousands.

Preparation Matters More Than Ever

In today’s market, it’s not enough to simply put up a “For Sale” sign and hope for the best. To stand out in a sea of listings, your home needs to shine.

This means:

• Staging to highlight the home’s best features

• Landscaping for strong curb appeal

• Decluttering and depersonalizing for a clean, spacious feel

Additionally, you’ll want a Realtor in Halifax who understands the local market, studies current trends and statistics, and actively collects feedback from every showing. A proactive agent can make all the difference in a balanced or shifting market. 

Let’s Navigate the Halifax Real Estate Market Together

Whether you're planning to sell your home this season or just exploring your options, having the right guidance is essential. The Halifax real estate landscape is changing, and working with someone who understands it can help you make confident, informed decisions.

Feel free to call, text, or email me anytime. I’d be happy to help you make the most of your next move in Halifax, Nova Scotia real estate.

Chris Perkins, Broker/Owner
Coldwell Banker Maritime Realty
902 210 1223
chrisperkins@cbmaritime.ca

By Chris Perkins, Broker/Owner – Coldwell Banker Maritime Realty

When I started Coldwell Banker Maritime Realty, my goal wasn’t to build the biggest brokerage — it was to build the right one. I wanted to create a place where experienced, hard-working agents could do their best work with the right level of support behind them.

Over the years, I’ve seen how difficult it can be for Realtors to balance client service, marketing, and administration while still trying to grow their business. Many feel like they’re on their own. That’s something I wanted to change.

What You Can Expect Here

At CB Maritime, we focus on the practical things that help agents succeed:

• Accessible Broker Support
  You don’t need to book an appointment to get help. I’m available when you need to talk through a deal, review a contract, or get advice on strategy.

• Training and Guidance That Fit Real Life
  Whether you’re fine-tuning your presentations or looking for ways to generate more repeat business, we offer realistic, hands-on guidance.

• Reliable Marketing and Lead Tools
  You’ll have access to professional marketing materials, digital tools, and systems that take care of the details, so you can focus on your clients.

• A Team That Works Together
  Our agents share ideas and support each other. It’s a simple culture built on respect, collaboration, and professionalism.

The Kind of Agent Who Thrives Here

We work best with full-time Realtors who take pride in their craft, care about their clients, and want to keep improving. If that sounds like you, I’d be happy to have a conversation.

Let’s Talk

If you’re considering a change or simply want to see how we work, reach out or visit cbmaritimerealty.com/join-cbmr.

Sometimes the best move in your career is the one that gives you the right kind of support — not more promises, just a better way to work.

Some homes stand out because of their finishes. Others stand out because of the way they have been built, maintained, and cared for over time.

At 8 Banks Court in Keystone Village, it’s both.

This six-level side-split was built 45 years ago by Webby Construction and has been thoughtfully maintained ever since. Set on a private 7,596 sq. ft. lot surrounded by mature trees, the home combines solid original construction with updates that make it comfortable and practical for modern family life.

And with six distinct levels, there is something particularly appealing about the way the home gives everyone room to spread out while still keeping the family connected.

A Kitchen Designed Around Real Life

The main level begins with a generous foyer leading into a custom kitchen that balances appearance with function.

Granite countertops, quality Kenmore appliances, built-in drawers, and carefully considered storage make the kitchen as practical as it is inviting. A casual dining nook sits alongside patio doors overlooking the backyard, creating an easy connection between the kitchen and outdoor space.

The adjacent laundry room and powder room add another layer of convenience, with direct access toward the backyard.

For larger gatherings, the formal dining room takes things to another level—literally and figuratively. The room is exceptionally spacious, with a coffered ceiling and more than enough room for a full table, family dinners, holiday celebrations, and guests.

Warm, Bright Living Spaces

A few steps up from the main level, the living room offers a completely different feel.

Large windows bring in plenty of natural light, while the fireplace creates a natural centre point for the room. Underfoot, beautiful Jatoba hardwood adds warmth, character, and durability.

Jatoba is an exceptionally dense Brazilian hardwood known for its rich colour and durability, and it gives this space a distinctive finish that is increasingly uncommon in newer homes.

Upstairs, three generously sized bedrooms provide comfortable private space for family members, each with ample storage. A renovated four-piece bathroom serves the level.

At the top of the home, another flexible room provides even more possibilities. Depending on what your family needs, it could function as a fourth bedroom, home office, playroom, gym, creative space, or quiet retreat.

Six Levels. More Ways to Live.

The side-split design really comes into its own on the lower levels.

A bright family room features a custom window that brings in an abundance of natural light, along with a propane fireplace and enough space to create both a dedicated TV area and additional room for games, toys, or another sitting area.

Below that, two additional rooms have just been freshly painted and fitted with new flooring. They're ready to become whatever the next owner needs—perhaps a home gym, workshop, hobby room, storage area, or another dedicated space for family life.

It's one of the home's biggest advantages: rather than having one large basement space that has to serve every purpose, the six-level layout naturally creates separation between different areas of the home.

Quality You Can See—and Quality You Can't

Much of what makes 8 Banks Court special isn't necessarily visible in the listing photos.

The original construction by Webby Construction included 2x10 floor joists and tongue-and-groove flooring topped with plywood—details that speak to the quality and solidity of the home's construction.

The current owners have continued that same attention to detail with preventative maintenance and practical upgrades.

The home features a five-zone oil boiler, three heat-pump heads with recently replaced core components, 200-amp electrical service, and EV-charger readiness.

There's also a security system designed to monitor more than just the usual alarms, including oil leaks, water leaks, and fluctuations in temperature.

These aren't necessarily the features that grab attention in a first photograph, but they are the kinds of details that can make a meaningful difference in the long-term ownership of a home.

A Private Backyard in Keystone Village

Outside, the 7,596 sq. ft. lot provides something increasingly valuable: privacy.

Mature trees surround the property, creating a peaceful backdrop and giving the backyard a surprisingly secluded feel. A new composite deck extends the home's living space outdoors, providing an easy spot for summer dinners, morning coffee, or simply enjoying the yard.

And because Banks Court is a quiet cul-de-sac, the setting feels removed from the pace of a busy road while remaining close to the amenities of Dartmouth.

Connected to What Matters

Keystone Village offers an established residential setting with parks, playgrounds, recreation, and public transit nearby.

Shubie Park is just minutes away, while Dartmouth Crossing provides convenient access to shopping, restaurants, services, and everyday amenities.

For families, the surrounding area also provides access to English, French Immersion, and CSAP school options.

It's a location that makes it easy to enjoy the quieter side of Dartmouth without feeling disconnected from the rest of the city.

A Home Built for the Long Haul

After 45 years, 8 Banks Court still has the qualities that made it a well-built home in the first place.

The construction is solid. The spaces are generous. The updates are meaningful. And the six-level layout gives today's family plenty of flexibility to live, work, play, host, and grow.

Perhaps most importantly, the home has clearly been cared for.

From the details behind the walls to the freshly finished lower levels, the private backyard, and the thoughtful updates throughout, 8 Banks Court offers something that can be difficult to find: a home where the quality of the original build and the pride invested in it over the years are both evident.

A solid, spacious, private Dartmouth home with the flexibility to adapt as life changes.

Interested in 8 Banks Court?

For more information or to arrange a private viewing, contact Chris Perkins at Coldwell Banker Maritime Realty.

Thinking about making a move but need to sell your current home first? Chris can also help coordinate the next steps, from preparing your home for market to connecting you with trusted professionals along the way.