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RSNL1990 CHAPTER C-11

CHATTELS REAL ACT

Amended:

2004 cL-3.1 s18; 2009 c31 s2

CHAPTER C-11

AN ACT RESPECTING CHATTELS REAL

Analysis



Short title

        1. This Act may be cited as the Chattels Real Act.

RSN1970 c36 s1

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All lands, etc. to be "chattels real"

        2. All lands, tenements and other hereditaments in the province, which by the common law are regarded as real estate, shall in all courts in the province, be held to be "chattels real", and shall go to the executor or administrator of a person dying seized or possessed of them as other personal estate now passes to the personal representatives, a law, usage or custom to the contrary notwithstanding.

RSN1970 c36 s2

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Rights and claims to land

        3. (1) All rights or claims which have accrued in respect to lands or tenements in the province and which have not already been adjudicated upon, shall be determined according to section 2.

             (2)  Nothing in this section shall extend to a right, title, or claim to lands, tenements or hereditaments, derived by descent, and reduced into possession before June 12, 1834 .

RSN1970 c36 s3

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Disposition of chattels real

        4. (1) Two persons who are spouses of one another shall, for all purposes of acquisition of an interest in a chattel real, under a disposition made or coming into operation after May 5, 1972 , be treated as 2 persons.

             (2)  Every tenancy by entireties existing immediately before May 5, 1972 , shall, but without prejudice to a beneficial interest, as from May 5, 1972 , be converted into a joint tenancy.

1972 No13 s2; 2009 c31 s2

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Life estates and future interests

        5. A valid life estate and a future interest that can be created by will in a chattel real may after May 5, 1972 , also be created by deed without the interposition of a trustee.

1972 No13 s2

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Labrador Inuit rights

        6. This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s18