Individual band members do not “own” reserve land like people do off reserve.  Reserve land belongs to the Band as a collective, and the Band Council manages it for the community. 

Band Council can allocate land to band members and make by-laws about the occupation and use of reserve land. That includes making by-laws about things like:

• Construction and new development
• Occupancy
• Transfer of rights
• Trespass
• Zoning

Although people sometimes use the term “tenancy” to describe their living situation on reserve, the Residential Tenancies Program does not have jurisdiction over tenancy disputes on reserve land. 

There are many different property rights. Property law textbooks talk about “bundles of rights.” Your bundle of rights might be a lot different than someone else’s. 

For example, property rights can include rights related to

• Title
• Possession
• Use
• Quiet enjoyment
• Transfer
• Granting permissions or “licenses”
• Using the property as security for a loan

This isn’t a complete list; it’s just some of the most common examples. 

A person might have some, none, or all of the various rights associated with a piece of property. 

For example, tenants have the right to possess and use a property subject to the terms of their lease agreement, but they don’t have the right to sell it or use it as security for a loan. 

People sometimes mistakenly believe that property rights are uniform and that their property rights must be identical to those of their friends or neighbours. This can give people mistaken ideas about what property rights they have and lead to disputes rooted in misunderstandings.

In Canada, all rights are subject to limits. Property rights are no exception. Lots of different things can limit property rights. For example, they can be limited by:

• Contract terms
• Easements and restrictive covenants
• Rights of neighbours
• Band by-laws
• Municipal by-laws 
• Provincial and federal laws

People sometimes mistakenly believe they have unrestricted freedom on private property. This can result in unnecessary and very avoidable conflicts with neighbours and regulators. 

Off-reserve, each parcel of land has registered title holders who are considered the owners of that parcel. The title holders are usually in control of the land and can usually transfer, sell, or mortgage it. 

To get title to a parcel of land, someone with the proper legal authority must transfer some or all of a previous title holder's rights to you. For example:

• An owner might sell you their land. Contracts for land transfers must be in writing and signed by the parties. The title holder prepares a deed with the help of a lawyer, which the lawyer registers in the Land Registry System. 
• An owner might give you land in their will, which would be transferred to you by the personal representative of their estate. The personal representative will need to get a Grant of Probate and transfer the land to you with the assistance of a property lawyer. 
• If you're legally married and your spouse owns property, they might transfer title to you at separation as part of your divorce settlement. The settlement terms must be written in a signed agreement, and a lawyer must complete the transfer.
• You may inherit land as an heir where the deceased owner did not leave a will. An eligible person will need to get a Grant of Administration from the Probate Court and transfer the land to you with the assistance of a property lawyer.  

Almost every single land transfer in Nova Scotia now requires the involvement of a property lawyer authorized to use the Land Registry System (even “private sales”). In rare cases where a lawyer isn’t required, involving a lawyer is still a good idea because a lot can go wrong without one.

Sometimes, people mistakenly assume they can complete a real estate transaction informally without a lawyer or written agreement. In some cases, people may be misled into believing that ownership has been transferred even though it hasn’t because the proper legal steps were never taken. Misunderstandings about property ownership and title can lead to conflicts, many involving family members. 

You do not get squatter’s rights just because you occupy a property you don’t own. It takes a long time before a person might acquire squatters' rights. It takes at least 20 years on private property and 40 years on government property. The time is just one requirement. There are lots of other conditions that apply. 

People frequently misuse this term. It’s often used in scenarios where it’s not applicable—such as occupancy situations where the so-called "squatter" actually had the landowner's permission to be there.

Here is detailed information about squatter’s rights. 

A lien is a type of secured interest in a property. A lien holder doesn’t own the property. A lien holder is someone the property owner owes money to; their lien corresponds to a financial obligation on the part of the property holder. 

Not everyone with a financial claim against a property owner can register a lien. The lien must be legally authorized by the terms of a contract, statute, or by a judge in a court order. For example:

• Mortgages are contracts that give the lender the right to register a lien against the property subject to the mortgage. 
• The Builders’ Lien Act allows contractors to register liens against property they have worked on. 
• A person who successfully sues a property owner in court can register the judgment, which creates a lien against the property.

People sometimes threaten to "put a lien" on a property owner, even when it’s not a realistic option. This happens because people either misunderstand when a lien is possible or deliberately misuse the term as a scare tactic.

If there’s a dispute about who owns a piece of land that the parties can’t resolve, the Nova Scotia Supreme Court has jurisdiction (unless the land is on reserve). The parties cannot use the Nova Scotia Small Claims Court. 

This means land ownership disputes can be expensive. Attempting to resolve an ownership dispute without assistance from a property lawyer is not recommended. 

A tenant is a person who pays rent to occupy the place they live. Rent means money or anything else of value that a person pays in exchange for the right to occupy their place. 

Landlords and tenants are supposed to use a standard form of written lease called a Form P. However, you can be in a tenancy even if you don’t have a written lease. 

If you live on property you don’t own and are paying money to live there; you’re probably a tenant unless one of these exceptions applies. Being a tenant means that a law called the Residential Tenancies Act applies to you and your landlord. That means some rules apply, including rules about how your tenancy can end. 

If you’re uncertain whether you’re in a tenancy, you can contact the Residential Tenancies Program to discuss your situation with a staff person there. 

The Residential Tenancies Program is usually just called Residential Tenancies. It is the branch of the provincial government that enforces the Residential Tenancies Act and deals with disputes between landlords and tenants. It is a program of Service Nova Scotia. 

You can contact Residential Tenancies by attending your nearest Access Nova Scotia location or by calling 1-800-670-4357 and following the prompts. 

Not everyone who occupies a property they don’t own is a tenant. To be a tenant, you must either be listed as a tenant under the terms of a lease or pay rent. 

Occupants do not have the same rights as tenants. What rights an occupant has depends on the circumstances related to their occupancy. 

There are lots of different occupancy scenarios; here are just a few:

• Couch surfing (living rent-free with a family member or friend)
• Living on estate property (property owned by a deceased person) 
• Living in an outbuilding on someone’s land (like a garage, bunky, laneway house, or shed)
• Parking an RV or other vehicle on someone’s land. 

If you’re unsure whether you're a tenant or an occupant, you can contact the Residential Tenancies Program to discuss your situation with a staff member. You can contact Residential Tenancies by attending your nearest Access Nova Scotia location or by calling 1-800-670-4357 and following the prompts. 

Landlords and tenants sometimes fantasize about suing each other. That rarely makes financial sense. 

If you’re a landlord or a tenant with a dispute about your tenancy that you can’t resolve, the dispute goes to Residential Tenancies, not civil court. 

The Residential Tenancies Program does many things, but one of its main roles is to act as an administrative tribunal for landlord-tenant disputes. That means it has the legal authority to hear most disputes between landlords and tenants.

Here is more information about the Residential Tenancies dispute resolution process.