Covenants have to do with contracts generally, whereas conveyances have to do with the grant of an interest in real or personal property. This report attends to the validity of joint covenants in which there is a common promissor and promissee; for example, covenants by A with A and B jointly or by A and B with A, B and C jointly. It also addresses the validity of conveyances in which there is a common grantor and grantee; for example, conveyances from A to A and B jointly. This report addresses the common law, statutory changes from the common law, and deficiencies in the present law, and makes recommendations for reform. The Committee determined that the Alberta law is unsatisfactory and that specific legislation is required to ensure that contracts with a common party are valid. A should be able to make a covenant, promise or agreement with A and B; A and B with B and A and B with A. Regarding conveyances, the Committee noted that even if a conveyance contains no covenant, it is undesirable to allow a general provision permitting a conveyance from A to A. A transfer from a sole executor to himself as beneficiary should be permitted. Recommendations in the form of a draft Act called “Common Parties (Contracts and Conveyances) Act” is attached.
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Common Promisor and Promisee: Conveyances with a Common Party, Final Report 11
|TAGS:||co-ownership, contract, conveyance, covenant, joint, Land, Property, several|
Common Parties Contracts and Conveyances Act, SA 1974, c 20 (now Law of Property Act, RSA 2000, c L- 7, ss 10-13; Land Titles Act, RSA 2000, c L-4, ss 68, 69, 119).