Publications
The Residential Tenancies Act: General Issues
The Alberta Law Reform Institute (ALRI) has published Residential Tenancies Act: General Issues. This is the first in a series of reports summarizing issues in the law that affects tenants and landlords on a daily basis. The Residential Tenancies Act is important because it affects over 25% of households in Alberta and often involve not just money, but also the basic necessity of shelter, quality of life, health and well-being of landlords, tenants and families […]
| AREA OF LAW | Landlord and Tenant Personal Property Property Real Property |
| TAGS | rental, apartment, townhouse, housing, evict, roommate, pest, vacancy, manager, neighbour, homeless, condo, home, house, dispute, agreement, contract, control, eviction, landlord, lease, Property, rent, residential, tenant |
| FORMAT | Publications |
| FILE | IPNo.6.pdf |
March 25, 2025
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, life estate, estate planning, home, disposition, ownership, real estate, dower, estate, mortgage, Property, spouse, title, will |
| FORMAT | Publications |
| FILE | Dower_Summary.pdf |
February 15, 2022
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
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 […]
| AREA OF LAW | Administration of Justice Corporate and Commercial Property |
| TAGS | asset, contingent, interest, perpetuities, Property, tax, trust, variation |
| 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 […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | act, asset, estate, law, new trustee act, Property, reform, report, trust, trustee act |
| FORMAT | Publications |
| 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 […]
| AREA OF LAW | Family Law |
| TAGS | divorce, matrimonial, Property, separation, settlement, spouse, valuation |
| FORMAT | Publications |
| FILE | FR107.pdf |
September 1, 2015