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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 […]

AREA OF LAW Limitation of Actions Property Real Property
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FORMAT Publications
FILE FR115.pdf

May 28, 2020

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 […]

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FORMAT Publications
FILE RFD33.pdf

February 15, 2020

Abolition of Perpetuities Law, Final Report 110

The rule against perpetuities is an ancient and complex set of legal rules designed to prevent people from indefinitely tying up land and assets via successive contingent interests of title so that future generations cannot sell, mortgage or enjoy full use of the property. In 1972, Alberta reformed the worst excesses of the rule against perpetuities in our current Perpetuities Act, seeking a reasonable balance between competing interests. Following public consultation, the Alberta Law Reform […]

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FORMAT Publications
FILE FR_110.pdf

March 1, 2017

A New Trustee Act for Alberta, Final Report 109

Trusts are used by many Albertans as a way to manage property and assets, both before and after death. Having modern and clear rules for setting up and handling trusts is important to allow Albertans to manage and distribute their property. The current Trustee Act is outdated and has not kept pace with the modern world. ALRI has just released Final Report No. 109 – A New Trustee Act for Alberta. The Report sets out ALRI’s […]

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FILE FR109.pdf

January 1, 2017

Matrimonial Property Act: Valuation Date, Final Report 107

Currently, Alberta’s Matrimonial Property Act [MPA] requires matrimonial property to be valued at the date of trial. This is in direct opposition to many other matrimonial property statutes across Canada, which have opted to use the date of separation as the default valuation date. An Alberta case law review indicates that valuation date is one of the most problematic areas under the MPA, with valuation at trial reducing the chances of settlement and leading to […]

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FORMAT Publications
FILE FR107.pdf

September 1, 2015

Matrimonial Property Act: Valuation Date, Report for Discussion 25

The Matrimonial Property Act was enacted in 1978 and provides a method of sharing matrimonial property between spouses on marriage breakdown. What property is available for sharing and how is it valued? Since 2005, the law applied by the courts is that the property must be valued at trial. In reviewing Alberta cases since 2009, this date is problematic. It is an uncertain future date, assumes spouses will litigate to trial, and discourages earlier party driven settlements. […]

AREA OF LAW Family Law Marriage & Divorce
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FORMAT Publications
FILE RFD25_hyperlinks.pdf

November 2, 2014

The Matrimonial Property Act: A Case Law Review

The Alberta Law Reform Institute proposed the legislation that became the Matrimonial Property Act (MPA) more than 30 years ago and there has been no substantive amendment to the MPA since then. ALRI has received suggestions that the legislation is in need of revision but there was little consensus as to which areas were in need of review. In order to advance the research, ALRI financed the work of Annie Voss-Altman, a student at the […]

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FILE RP-MPA-Case-Law.pdf

October 8, 2010

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
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FORMAT Publications
FILE fr089.pdf

May 29, 2003

Division of Matrimonial Property on Death, Final Report 83

This report addresses the underlying conflict between the principles of matrimonial property law and succession law that causes unfair results for a surviving spouse who under the existing law does not have a cause of action under the Matrimonial Property Act. The surviving spouse of a marriage terminated by death should not have fewer remedies than the spouse in a marriage terminated by divorce. The contribution of a spouse to a marriage should be recognized either […]

AREA OF LAW Wills and Succession Family Law
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FORMAT Publications
FILE fr083.pdf

May 29, 2000

Family Law v. 18.4–Child Guardianship, Custody and Access, Report for Discussion 18.4

As addressed in the other reports in this series, Alberta law relating to the care of children (at the time of this report’s publication) included a variety of statutory provisions that were out-dated, inconsistent, and/or had uncertain scope. For this reason, this report begins from a “clean slate” in trying to define (i) child guardianship, (ii) custody, and (iii) access, and to determine how these issues can be decided in order to protect the best […]

AREA OF LAW Children Family Law Marriage & Divorce
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FORMAT Publications
FILE rfd18.4.pdf

October 2, 1998