Can recitals be used to determine the intent of the parties in a real property deed?

Nova Scotia, Canada


The following excerpt is from Creighton v. Nova Scotia (Attorney General), 2011 NSSC 131 (CanLII):

In Anger v. Honsberger, Law of Real Property, 3d edn., at para. 25: 60.10, there is a discussion of the use of recitals in deeds to determine the intent of the parties: When the words in the operative part of the deed are clear and unambiguous they cannot be controlled by the recitals or other parts of the deed but, when the operative words are doubtful, the recitals and other parts may be used as a test to discover the intention of the parties and fix the true meaning of the words.

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