Melisa Marsman, a professor at Dalhousie University’s Schulich School of Law, is referring to an announcement by Nova Scotia’s government that it has now made it so “[m]ore people in five historic African Nova Scotian communities can now access support to gain clear title to their land.”
Melisa Marsman, Dalhousie University Schulich School of Law
What this means, according to a news release, is that more people in those African Nova Scotian communities will be able to seek free “legal and surveying support” in their attempts at gaining title to the land on which they have lived.
Nova Scotia’s Land Titles Initiative was launched in 2017 and is closely tied to Nova Scotia’s Land Titles Clarification Act (LTCA), which is the legislation responsible for designating those five communities — and the legislation to which people turn to apply for title.
The five African Nova Scotian communities are: North Preston, East Preston, Cherry Brook/Lake Loon, Lincolnville and Sunnyville in Guysborough County.
The LTCA is remedial legislation put in place in 1964 to correct a “historical wrong” that started in the 1700s against people of African descent migrating to the province.
Upon their arrival, the newcomers were given parcels of land in rural areas — albeit land of poor agricultural quality. Instead of being given grants to the land, they were given licences of occupation. This denied them the opportunity of ownership — and the financial benefits that come with it.
The homes were passed down from generation to generation, but due to both the subpar land and the lack of ownership, they found themselves locked in generational cycles of poverty.
A government webpage dedicated to the Land Titles Initiative describes the situation: “For more than 200 years, many African Nova Scotians have been living on land passed down by their ancestors without clear land title,” it states. “Without clear title, they can’t get a mortgage, bequeath or sell their land, or access housing grants.”
Five years ago, a Nova Scotia court case focused on a family in North Preston — one of the LTCA’s five designated communities.
In August 2020, the province’s Supreme Court handed down a ruling that made it easier for Black Nova Scotians to obtain title to land on which they had lived.
The case of Downey v. Nova Scotia (Attorney General), 2020 NSSC 201 involved Christopher Downey, who in 2017 filed an application for land title clarification for a piece of land on which he and his wife had built a house 17 years prior.
As part of its decision, the court noted that the LTCA is “intended to provide people who live in designated areas with a simpler and less expensive way to clarify title to their property.”
In the end, the court struck down a condition that applicants meet a 20-year adverse possession standard, thus making it easier to file an application for title clarification.
Marsman, who teaches African Nova Scotian legal history and critical race and legal theory, was asked to comment on the province’s new boundary expansions.
“It appears to be good news,” she said. “The provincial and municipal records about the boundaries of African Nova Scotian communities should be aligned — not only between the two levels of government, but also with the communities’ own understanding of their historic boundaries. It is encouraging that the province is beginning to do this, at least for the five African Nova Scotian communities designated under the [LTCA] and supported through the Land Titles Initiative.”
However, she said, more needs to be done.
“This also raises a concern about the remaining African Nova Scotian communities — specifically, whether similar boundary misalignments exist in those areas, and to what extent such misalignments may be adversely impacting African Nova Scotians in communities that are not designated under the Act and are not receiving support through the [Land Titles] Initiative.”
Marsman reiterated the need for this type of support to reach additional Black residents.
“Supporting African Nova Scotians in their pursuit of land-related racial justice, including securing land titles, is important and should continue not only in the five designated African Nova Scotian communities, but for all African Nova Scotians and in all African Nova Scotian communities.”
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