Implementation of Enacted Title by Registration Legislation in the Maritimes
Since my first contribution to this Journal upon the topic of title by registration,' it is possible to report a further cascade of ink; the pilot project in Prince Edward Island, which was examined, has produced two statutes: (1) Land Titles Act, Nova Scotia;2 (2) Land Titles Act, New Brunswick.3 The Nova Scotia Act remains unproclaimed and makes no repeal of the first attempt at title by registration in 1903-4 which failed to obtain substantial converts even though proclaimed. 4 New Brunswick has taken the great leap into the unknown by proclaiming its statute on 1st January, 1984;5 amending it twice thereafter6 and repealing the failed initial enactment of 1914 which was never proclaimed.7 The Prince Edward Island Act8 remains unproclaimed. Given this background one can only fear for the prospect of a successful Torrens system in the Maritimes having regard also to the universal distaste with which it was greeted, at inception, by the legal profession and the inertia of that body. These observations are not wild charges: the books are filled with a legion of articles in proof and the citation of these is valueless.