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

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

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

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
TAGS , , , , , ,
FORMAT Publications
FILE fr012.pdf
ENACTMENT

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

March 1, 1973