Publications

  • Filter by:

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 , , , , , , , , , , , , , ,
FORMAT Publications
FILE FR115.pdf

May 28, 2020

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 […]

AREA OF LAW Corporate and Commercial Property Real Property
TAGS , , , , , , , , , , , ,
FORMAT Publications
FILE fr97.pdf

October 29, 2009

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 […]

AREA OF LAW Limitation of Actions Procedure Property Real Property
TAGS , , , , , ,
FORMAT Publications
FILE fr089.pdf

May 29, 2003

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 […]

AREA OF LAW Property Real Property
TAGS , , , , , , , ,
FORMAT Publications
FILE fr81.pdf

February 29, 2000

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 […]

AREA OF LAW Property Real Property
TAGS , , , , , , ,
FORMAT Publications
FILE fr070.pdf

June 29, 1994

Mortgage Remedies in Alberta, Report for Discussion 9


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 […]

AREA OF LAW Property Real Property
TAGS , , , , , , ,
FORMAT Publications
FILE rfd9.pdf

June 2, 1994

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 […]

AREA OF LAW Property Real Property
TAGS , , , , , , , ,
FORMAT Publications
FILE fr063.pdf

February 1, 1993

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


Section 42 of the Alberta Business Corporations Act (as it was at the time of the writing of this report) made it illegal for a corporation to provide financial assistance to: – a shareholder or director of that corporation or an affiliated corporation; – an associate of any or the above; or – a purchaser of shares of that corporation or an affiliated corporation if that corporation was not “solvent” as defined by the ABCA. The […]

AREA OF LAW Property Real Property
TAGS , , , , , , , ,
FORMAT Publications
FILE rfd8.pdf

August 2, 1990

Statute of Frauds and Related Legislation, Research Paper 12


This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]

AREA OF LAW Administration of Justice Corporate and Commercial Procedure Property Real Property
TAGS , , , , , , , ,
FORMAT Publications
FILE RPNo.12.pdf

June 4, 1985

Partition and Sale, Final Report 23


This report is a study of the law of partition and alternative methods of termination of co-ownership and contains a draft Act. The matrimonial home is the most common, but not the only, example of property which is the subject of co-ownership in Alberta. Alberta and Saskatchewan are the only two provinces in Canada that do not have revised legislation providing for termination of co-ownership. The current law in Alberta is contained in three English […]

AREA OF LAW Property Real Property
TAGS , , , , , ,
FORMAT Publications
FILE fr023.pdf
ENACTMENT

Partition and Sale Act, SA 1979, c 59 (now Law of Property Act, RSA 2000, c L-7, ss 14-19, 20-33).

March 1, 1977