Alberta Dower Act Consultation Summary

This document summarizes the results of consultations ALRI conducted for the it's law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public - the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators [...]

By |2023-03-09T15:22:15-07:00September 9th, 2022|Uncategorized|0 Comments
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What is Adverse Possession?

Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). This executive summary outlines the most common adverse possession claims as well as our recommendations [...]

By |2022-12-05T14:25:05-07:00May 28th, 2022|Uncategorized|0 Comments
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Should Alberta Abolish Adverse Possession?

Adverse possession allows a person who has occupied another’s land for at least 10 years to potentially claim ownership of that land. The occupation must be exclusive, open, notorious and continuous. In today’s Alberta, it involves two people: the person in actual possession of the disputed property (the occupier) and the registered owner of the disputed property (the registered owner). This infographic outlines the three most common adverse possession claims.

By |2022-12-05T14:24:20-07:00May 28th, 2020|Uncategorized|0 Comments
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Dower Act, Final Report 118

The Alberta Law Reform Institute (ALRI) is recommending replacing the Dower Act with new legislation. The Dower Act protects a spouse if the couple’s home is solely owned by the other spouse. It has two features that prevent a non-owner spouse from losing their home unexpectedly: Consent to disposition: The owner cannot sell, lease, mortgage, or otherwise transfer the homestead without the non-owner’s consent. Life estate: After the owner’s death, the non-owner can keep the homestead for [...]

By |2022-10-04T08:27:56-06:00September 26th, 2022|Uncategorized|0 Comments
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Dower Act: Life Estate, Report for Discussion 37

The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute's (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated [...]

By |2021-12-03T11:01:34-07:00November 24th, 2021|Uncategorized|0 Comments
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Dower Act: Consent to Disposition, Report for Discussion 36

The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute's (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated [...]

By |2021-12-03T11:00:27-07:00November 23rd, 2021|Uncategorized|0 Comments
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