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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

Report on Liens, Report for Discussion 13

A lien is an interest in property, similar to a security interest, which enables a creditor to retain (usually) or seize (occasionally) property belonging to a debtor. The rules governing liens in Alberta (at the time of publication) were widely varied, and controlled by a number of different statutes. This report suggests the creation of a unified Liens Act which would resolve problems such as the registration of liens, the priority of different interests on […]

AREA OF LAW Constitutional and Public Law Corporate and Commercial
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FORMAT Publications
FILE rfd13.pdf

September 2, 1992

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
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FORMAT Publications
FILE rfd8.pdf

August 2, 1990

Expropriation, Final Report 12

This is an extensive report. In its examination of the procedures of expropriation, it recommends procedural fairness that is as expeditious as fairness permits. This requires notice to the owner of a proposed expropriation and provision for objections by the owner. If land is taken, there has to be the right to payment of a reasonable proportion of his compensation before owner is obliged to give up possession. The time from the inception of the […]

AREA OF LAW Property
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FORMAT Publications
FILE fr012.pdf

Expropriation Act, SA 1974, c 27 (now RSA 2000, c E-13).

March 1, 1973