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Proposals for a Land Recording and Registration Act for Alberta, Final Report 69 Volume 1


Volume 1 of this report recommends that a new Land Recording and Registration Act be enacted to provide a modern and more efficient system of land recording and registration for Alberta. The new Act would replace the Land Titles Act (Alberta). The report contains a draft of the proposed Act. Parts 1 to 8 of the draft Act establish a reformed system of recording and registering interests in land which preserves the beneficial aspects of the existing system of […]

AREA OF LAW Constitutional and Public Law Property Real Property
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FORMAT Publications
FILE fr069-v1.pdf

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

Mortgage Remedies in Alberta, Report for Discussion 9


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 […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE rfd9.pdf

April 2, 1991

Towards a New Alberta Land Titles Act, Report for Discussion 8


This Report for Discussion accompanies the report of the Joint Land Titles Committee entitled Renovating the Foundation: Proposals for a Model Land Recording and Registration Act for the Provinces and Territories of Canada. The core of the Joint Committee’s report is a Model Land Recording and Registration Act. In this Report for Discussion we discuss some existing Alberta law and make some comparisons between it and the Model Act. We do so only to illuminate […]

AREA OF LAW Property Real Property
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FORMAT Publications
FILE rfd8.pdf

August 2, 1990

Statute of Frauds and Related Legislation, Research Paper 12


This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]

AREA OF LAW Administration of Justice Corporate and Commercial Procedure Property Real Property
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FORMAT Publications
FILE RPNo.12.pdf

March 4, 1979

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
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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

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