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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 […]

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

October 29, 2009

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
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FORMAT Publications
FILE fr063.pdf

February 1, 1993