Publications
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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | home, disposition, real estate, wills, consent, contract, dower, estate, marriage, Rights |
| FORMAT | Publications |
| FILE | FR118.pdf |
September 26, 2022
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 […]
| AREA OF LAW | Wills and Succession Family Law Property Real Property |
| TAGS | homeowner, trailer, bank, occupant, landmen, homeless, adult interdependent partner, estate plan, condo, life estate, home, homestead, house, husband, wife, disposition, real estate, partner, common law, consent, death, dower, lease, loss, mobile home, mortgage, owner, spouse, tenant |
| FORMAT | Publications |
| FILE | Dower_consultation_summary.pdf |
September 9, 2022
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 […]
| AREA OF LAW | Property Real Property |
| TAGS | property rights, boundaries, improvements, property line, survey, farm, rural, border, real property, fence, real estate, Possession, Property, title |
| FORMAT | Publications |
| FILE | AP_Brochure.pdf |
May 28, 2022
Improving Alberta’s Dower Act
| AREA OF LAW | Wills and Succession Family Law Marriage & Divorce Property Real Property |
| TAGS | senior, estate planning, life estate, home, disposition, ownership, real estate, dower, estate, mortgage, Property, spouse, title, will |
| FORMAT | Publications |
| FILE | Dower_Summary.pdf |
February 15, 2022
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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD37.pdf |
November 24, 2021
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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD36.pdf |
November 23, 2021
Personal Property Security Law, Final Report 116
| AREA OF LAW | Corporate and Commercial Personal Property Property |
| TAGS | ecommerce, internet, transaction, perfected, borrow, collateral, electronic, inventory, banking, chattel, registry, finance, online, priority, secured, loan, money, alberta, business, corporation, credit, creditor, debt, debtor, Property, provincial, registered, security |
| FORMAT | Publications |
| FILE | FR116.pdf |
September 29, 2021
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.
| AREA OF LAW | Property Real Property |
| TAGS | property rights, boundaries, improvements, property line, survey, farm, rural, border, real property, fence, real estate, Possession, Property, title |
| FORMAT | Publications |
| FILE | Adverse-Possession-Infographic.pdf |
May 28, 2020
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 […]
| AREA OF LAW | Limitation of Actions Property Real Property |
| TAGS | quiet, lasting, fence, real estate, dispute, claim, Improvement, Land, Limitations, Possession, Property, Rights, Squatters, title, trespasser |
| FORMAT | Publications |
| FILE | FR115.pdf |
Adverse Possession and Lasting Improvements to Wrong Land, Report 33
Adverse possession has a long history in the common law of England, Canada, and Alberta. It originated as a common law doctrine used to determine a person’s rights to land. 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). The essential common law elements of adverse possession are: -the registered owner must be out of […]
| AREA OF LAW | Administration of Justice Landlord and Tenant Property Real Property |
| TAGS | Improvement, Land, Limitations, Possession, Property, Rights, Squatters |
| FORMAT | Publications |
| FILE | RFD33.pdf |
February 15, 2020