Alberta Dower Act Consultation Summary

This document summarizes the results of consultations ALRI conducted for the it’s law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public – the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators […]

September 9, 2022

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 […]

May 28, 2022

Improving Alberta’s Dower Act

February 15, 2022

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.

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 […]

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 […]

February 15, 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 […]

October 29, 2009

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 […]

May 29, 2003

Occupiers’ Liability: Recreational Use of Land, Final Report 81

The Minister of Justice requested this report regarding the liability of occupiers of land to recreational users permitted on their premises without payment of a fee. This is not a typical ALRI report, as a recommendation as to whether this aspect of occupiers’ liability law should be reformed is not given due to a lack of adequate information about the potential problem to be solved and resources to compile that information. The report suggests matters […]

February 29, 2000

Mortgage Remedies in Alberta, Final Report 70

This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties […]

June 29, 1994