Property Tax Sale
The Municipality of the District of Yarmouth conducts an annual tax sale in mid-March. Property within the Municipality of Yarmouth may be put up for sale if taxes are in arrears for the preceding two fiscal years. Once the tax sale list is compiled the municipality mails a preliminary notice advising that the property is liable to be sold for the arrears, with interest and expenses, and that tax sale procedures will be commenced and costs expended unless the arrears are paid within 14 days of the date of the preliminary notice.
Once the tax sale preliminary notice has expired, a title search will be conducted for each property on the list for which taxes have not been paid. Upon completion of the title search and any survey, the owner(s) of each lot and any person with a mortgage, lien or other charge on the land shall be served with a 60 day notice of intent to sell the land for taxes.
After the notice of intent to sell land for taxes has been served, notice of sale at public auction will be advertised 30 days prior to the day of the sale in the local newspaper including a general description of each property, the amount of arrears and expenses incurred to date, the person in whose name the property was assessed as well as the date, time and location of the sale. Detailed descriptions of the properties may also be viewed at the Municipal office in Hebron during regular business hours as well as the Municipality of Yarmouth website, however we do not guarantee the accuracy of these property descriptions. It is advisable to consult with a lawyer before purchasing a property.
Terms of the Sale
Taxes and rates, interest and expenses are to be paid at the time of the sale by cash, interact, money order or certified cheque. The balance of the purchase price, if any, is to be paid within three (3) business days of the sale by cash, interact, money order or certified cheque.
Bidding will commence with the sums specified on the handouts on the date of the sale, which cover outstanding rates and taxes, interest to the date of the sale, and expenses. Successful bidders must pay immediately by cash, interact, money order, certified cheque or lawyer's trust cheque, the total sum to cover the taxes, interest and expenses. The balance of the bid must be paid in like manner within three (3) business days of the sale.
Purchasers must be aware that owners of the property, any person having an interest in the land or any person for the benefit of the owner may, within six (6) months of the sale, redeem the property by payment of sums listed under Section 152 of the Municipal Government Act.
Purchasers should also be aware in Section 151 of the Municipal Government Act which implies that purchasers do not have absolute rights in the six months when redemption may occur and, therefore, are cautioned to only preserve and not alter the property. Any repairs require written permission from the Municipality of Yarmouth Chief Administrative Officer. A copy of these rights will be mailed to the purchaser along with the "Certificate of Sale". If no bids are made, the Chief Administrative Officer may exercise the right under Section 143 of the Municipal Government Act and bid for the purchase by the Municipality of Yarmouth.
For more information, please view the Municipality of Yarmouth Tax Sale Policy in PDF format.
Deed Transfer Tax
When land is sold a Deed Transfer Tax may be applicable. Deed Transfer Tax rates are set by each municipality and the Deed Transfer Tax payable is calculated based on the sale price of the property. Deed Transfer Taxes are collected on behalf of the municipality through Land Registration Offices when the deed is registered/recorded.
A Deed Transfer Affidavit of Value is required. The Deed Transfer Affidavit of Value form is prescribed by regulations under Part V of the Municipal Government Act. As a purchaser of real property (grantee), individuals must complete a Deed Transfer Affidavit of Value form regardless of whether or not they will pay Deed Transfer Tax.
Deed Transfer Affidavit of Value form
Deed Transfer Affidavit of Value Information
The Deed Transfer Tax for the Municipality of the District of Yarmouth is 1% of the sale price of the property.
More information on Deed Transfer Tax can be found on the Access Nova Scotia website.