Towards a New Alberta Land Titles Act, Report for Discussion 8

This Report for Discussion accompanies the report of the Joint Land Titles Committee entitled Renovating the Foundation: Proposals for a Model Land Recording and Registration Act for the Provinces and Territories of Canada. The core of the Joint Committee's report is a Model Land Recording and Registration Act. In this Report for Discussion we discuss some existing Alberta law and make some comparisons between it and the Model Act. We do so only to illuminate [...]

By |2022-09-26T12:18:00-06:00August 2nd, 1990|Uncategorized|0 Comments
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Section 195 of the Land Titles Act, Final Report 63

This report recommends that section 195 of the Land Titles Act be amended so that purchasers may rely on the Land Titles Office register. The amended section should make it clear that actual or constructive notice of an off-register interest does not affect a non-fraudulent purchaser who acquires an interest from the registered or caveated owner of the interest. This report contains a draft of an amended section 195. Section 195 protects the purchaser against finding that [...]

By |2020-05-29T15:58:27-06:00February 1st, 1993|Uncategorized|0 Comments
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Proposals for a Land Recording and Registration Act for Alberta, Final Report 69 Volume 1

Volume 1 of this report recommends that a new Land Recording and Registration Act be enacted to provide a modern and more efficient system of land recording and registration for Alberta. The new Act would replace the Land Titles Act (Alberta). The report contains a draft of the proposed Act. Parts 1 to 8 of the draft Act establish a reformed system of recording and registering interests in land which preserves the beneficial aspects of the existing system of [...]

By |2021-09-23T11:07:16-06:00October 29th, 1993|Uncategorized|0 Comments
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Mortgage Remedies in Alberta, Final Report 70

This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties [...]

By |2020-05-29T14:56:16-06:00June 29th, 1994|Uncategorized|0 Comments
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Occupiers’ Liability: Recreational Use of Land, Final Report 81

The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers' liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters [...]

By |2021-09-24T10:05:11-06:00February 29th, 2000|Uncategorized|0 Comments
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Limitations Act – Adverse Possession and Lasting Improvements, Final Report 89

This report considers the effect of the Limitations Act on the areas of adverse possession and lasting improvements under the Law of Property Act. In considering how best to resolve disputes regarding the ownership and use of land, this report looks to the objectives of protecting future ownership of land, ensuring land's transferability, and preventing the revival of stale claims. Recommendations to avoid the effect of claims being postponed by a continuing course of conduct include to subject [...]

By |2020-05-29T12:00:43-06:00May 29th, 2003|Uncategorized|0 Comments
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Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97

Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed [...]

By |2020-05-29T10:10:26-06:00October 29th, 2009|Uncategorized|0 Comments
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Police Record Checks

A police record check is a search of police databases to determine if they contain any entries (information) relating to an individual. Many employers, volunteer organizations and others use police record checks as a screening tool. That is, they use police record checks to assess applicants’ suitability for opportunities. Determining what information should be disclosed in the results of a police record check involves balancing public safety interests with an applicant’s privacy and human rights. [...]

By |2021-08-23T13:03:44-06:00May 28th, 2020|Uncategorized|0 Comments
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Adverse Possession and Lasting Improvements to Wrong Land, Final Report 115

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. Adverse possession is commonly, but mistakenly, referred to as squatter’s rights. ALRI is recommending that the law of adverse possession be abolished in Alberta. This change would prevent new claims from being brought in the future, but would not affect claims that have been [...]

By |2020-06-01T14:16:36-06:00May 28th, 2020|Uncategorized|0 Comments
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