Forms Regulation (Land Titles Act), Alta. Reg. 480/1981

(Consolidated up to 326/2003)

ALBERTA REGULATION 480/81

Land Titles Act

FORMS REGULATION

1   The forms in the Schedule are the forms prescribed for the purposes of the sections indicated on the forms.

AR 480/81 s1

2   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 1, 2006.

AR 480/81 s2;211/2001

3   Repealed AR 211/2001 s2.

Form 1   Repealed AR 231/99 s2.

Form 1.1

Land Titles Act
(Section 123)

Notice to Creditor to Take Proceeding

    Take notice that the writ of enforcement (or specify other instrument referred to in section 122) registered in the Land Titles Office on the    (date)    as instrument number                                   will cease to bind or charge the land or any interest in the land legally described as (here described land) after the expiration of 60 days (or such shorter time as the judge may order) following the date on which this notice is served or sent to you by registered mail, unless in the meantime:

                                 (a)    you take proceedings in court on your writ of enforcement (or other instrument) to substantiate the interest claimed by you in the above land, and

                                 (b)    you file a certificate of lis pendens with the Registrar.

This notice is given pursuant to section 123 of the Land Titles Act.

                                          Dated at                                 this             (date)            .

To    (the Creditor)    at    (address stated in writ of enforcement or other instrument or other acceptable address for service)

                                                                                                                        

                                                      Signature of person giving the notice

AR 331/88 s2;231/99;211/2001;251/2001

Form 2   Repealed AR 538/82 s3.

Form 2.1

Land Titles Act
(Section 122)

Creditor’s Statement of Debtor’s Land

A.B., has an interest under the following instrument which charges or binds the interests in land of    , whose address is:

                                                                                                                       .

The instrument is:

                                 (a)    currently registered against other land with the registration number                            , (copy attached),

or

                                 (b)    attached to this statement for registration.

The land in which the debtor has an interest is :                                   

(LINC number(s):                                                                                        )

and the debtor’s interest in the land is:                                                  .

The Registrar is requested to endorse a memorandum of the instrument on the Certificate(s) of Title for this land.

I am aware that the Land Titles Act provides that a creditor who files or continues the registration of a writ of enforcement or other instrument referred to in section 122(1) without reasonable cause is liable to make compensation to any person who has sustained damage as a result.

Date:                               

                                            (Signature of creditor or agent of creditor)  
                                              (Print name of person signing)                    
                                            (Print office held if signing for corporation) 

AR 48/95 s3;231/99;211/2001;251/2001

Form 3   Repealed AR 231/99 s3.

Form 4

Land Titles Act
(Section 35)

Application to Bring Land Under the
Operation of the Land Titles Act

To the Registrar:

I, (insert name), hereby apply to have the land hereinafter described brought under the operation of the Land Titles Act. And I declare:

                                          1   That I am the owner (or agent for                      , the owner) of an estate in fee simple in possession (or of an estate of freehold in possession for my life, or Otherwise as the case may require) in that piece of land, being (here describe the land).

                                          2   That such land, including all buildings, and other improvements thereon, is of the value of                       dollars and no more.

                                          3   That there are no documents or evidences of title affecting such land in my possession, or under my control, other than those included in the schedule hereto.

                                          4   That I am not aware of any mortgage or encumbrance affecting the said land, or that any other person has any estate or interest therein at law or in equity, in possession, remainder, reversion or expectancy (if there be any add: other than as follows: and set the same forth).

                                          5   That the said land is now occupied (if unoccupied prefix un to occupied; if occupied, add by whom, and state the name and addition of the occupant and the nature of his occupancy).

                                          6   That the names and addresses so far as known to me of the occupants of all lands contiguous to the said land are as follows:

                                          7   That the names and addresses so far as known to me of the owners of all lands contiguous to the said land are as follows: 

(If the certificate of title is not to be granted to the applicant, add: And I direct the certificate of title to be granted in the name of (insert name).)

                                          Dated:                                                                                           

Made and subscribed at             )                                                             

in the presence of                       )     (Signature)

AR 480/81 Form 4;231/99;251/2001

Form 5

Land Titles Act
(Section 35)

Affidavit Verifying Application in Form 4

I,                                                                                                                    

of                                                                                                                   

make oath and say:

1   That I am the applicant named in the application hereto annexed.

2   That the several statements contained in that application are true, to the best of my knowledge and belief.

SWORN before me at the                            )
               of                                                   )
in the                           of                              )                                                
                                this                               )                (Signature)    
day of                               ,                           )

                                                            

AR 480/81 Form 5;231/99;251/2001

Form 6

Land Titles Act
(Section 35)

Affidavit Concerning The Hudson’s Bay Company’s Land

I,                                                                                                                    

of                                                                                                                   

                                                                                    , make oath and say:

1   I am an officer of the Hudson’s Bay Company entitled to make this affidavit by the authority and under the approval of the Minister of Justice and Attorney General of Alberta.

2   Title to the land mentioned in the accompanying application now produced and shown to me, and marked with the letter “A”, passed to the company by notification under the provisions of subclause 7 of clause 22 of the Dominion Lands Act (or by letters patent issued-on stating date-as the case may be).

3   The company is, at the date of this affidavit, absolutely entitled to that land in fee simple and has not encumbered it in any way whatsoever.

4   And that land is not subject to any writ proceeding, and is not chargeable with any arrears of municipal taxes, rates or assessments.

SWORN before me at the                            )
               of                                                   )
in the                           of                              )                                                 
                                this                               )                 (Signature)
day of                               ,                           )

                                                            

AR 480/81 Form 6;231/99;251/2001

Form 7

Land Titles Act
(Sections 36, 106)

Receipt or Discharge by Mortgagee or Encumbrancee

I,                       , (the mortgagee, encumbrancee or transferee, as the case may be) do hereby acknowledge to have received all the money (or the sum of                      dollars being part of the money) to become due under the mortgage (or encumbrance) made by                       to                       which mortgage (or encumbrance) was registered in the Land Titles Office as instrument number                       , that the mortgage (or encumbrance) has not been transferred; and that the same (or such part of the land as is hereinafter described, that is to say (here give a description of the land to be discharged) is wholly discharged (or discharged as to the sum of                       dollars).

In witness whereof I have hereunto subscribed my name this

                   (date)                                                                                         

SIGNED by the above named                      )

                                                                     )

in the presence of                                         )                                                

                                                                     )               (Signature)

AR 480/81 Form 7;538/82;231/99;251/2001

Form 8

Land Titles Act
(Section 64)

Transfer

I, A.B., being registered owner of an estate (state the nature of estate) subject to registered encumbrances, liens and interests, if  any, in all that piece of land described as follows: (here describe land) do hereby, in consideration of (here set out true consideration) transfer to E.F., all my estate and interest in that piece of land.

(When a lesser estate describe such lesser estate.)

In witness whereof I have hereunto subscribed my name this        (date)                            

SIGNED by the above named                      )

                                                                     )

A.B. in the presence of                                )                                                

                                                                     )               (Signature)

                                                                     )

AR 480/81 Form 8;538/82;231/99;251/2001

Form 9

Land Titles Act
(Section 64)

Grant of Easement or Right of way

I, A.B., being registered owner of an estate (state nature of estate), subject to registered encumbrances, liens and interests, if any, in all that piece of land described as follows: (here describe land), do hereby in consideration of (here set out true consideration), grant to E.F., (if applicable, add: the owner of that piece of land described as follows: (here describe land) (then describe easement, right of way or other privilege intended to be created or disposed of)

In witness whereof I have hereunto subscribed my name this

                       (date)                                                                                     

SIGNED by the above named                      )

                                                                     )

A.B. in the presence of                                )                                                

                                                                     )               (Signature)

                                                                     )

AR 480/81 Form 9;538/82;231/99;251/2001

Form 10

Land Titles Act
(Section 66)

Transfer of Crown Interest

Her Majesty the Queen in right of the Province of Alberta, herein represented and acting by the Honourable                       Minister of                       being registered owner of an estate (state nature of estate), subject to registered encumbrances, liens and interests, if any, in all that piece of land described as follows: (here describe land), does hereby in consideration of (here set out true consideration) transfer to                       all the estate and interest of the Crown in that piece of land. (When a lesser estate describe such lesser estate.)

In witness whereof the Honourable                       (or                      , Deputy Minister of                    ) has hereunto subscribed his name this                   (date)                                                                        

                                                                                                                        

                                                                                            (Signature)        

AR 480/81 Form 10;538/82;231/99;251/2001

Form 10.1

Land Titles Act
(Section 73)

Discharge of Easement, Restrictive Covenant Party
Wall Agreement or Encroachment Agreement

I, A.B., being the registered owner of the dominant tenement (or We, C.D., E.F., being registered owners of all the dominant tenements) described as follows: (here describe dominant land) under the easement, (restrictive covenant, party wall agreement or encroachment agreement) registered in the Land Titles Office as instrument number                       against the land described as follows: (here describe servient land) acknowledge that the easement, (restrictive covenant, party wall agreement or encroachment agreement) is no longer required and is wholly discharged.

In witness whereof I have subscribed my name this               (date)    

Signed by the above named A.B.                 )

in the presence of                                         )                                                

                                                                     )          (Signature)

                                                                       

AR 195/85 s3;231/99;251/2001

Form 11

Land Titles Act
(Section 77)

Alberta Land Surveyor’s Certificate

I, (name of surveyor), of the (place of residence), Alberta Land Surveyor, make oath and say:

                                          1   that the survey represented by this plan was made under my personal supervision,

                                          2   that the survey was made in accordance with good surveying practices and in accordance with the provisions of the Surveys Act, and

                                          3   that the survey was performed between the dates of                       and                      ,             , and that this plan is true and correct, and is prepared in accordance with the provisions of the Land Titles Act.

SWORN before me at                                  )

                      of                                            )

in the                 of                                        )                                                

this        day of              ,                              )        Alberta Land Surveyor

                                                                 

AR 480/81 Form 11;231/99;251/2001

Form 11.1

Land Titles Act
(Section 77)

Monumentation Certificate

I, (name of surveyor), of the (place of residence), Alberta Land Surveyor, make oath and say:

                                          1   that the monuments required by section 47 of the Surveys Act have been placed under my personal supervision, between the dates of                                 and                   ,             , and

                                          2   that the position of each monument on the ground is in accordance with the co‑ordinates shown on the survey plan registered as number              and that the boundaries that have been established on the ground are in accordance with the said co‑ordinates, except for the following:

(List and describe any boundaries on the ground that vary from the co‑ordinates on the survey plan.)

SWORN before me at                                  )

                      of                                            )

in the                 of                                        )                                                 

this                  day of                             ,     )          Alberta Land Surveyor

A.D.                                                             )

                                                                     )

A Commissioner for Oaths                          )

in and for the Province of Alberta                )

AR 211/2001 s5;251/2001

Form 12

Land Titles Act
(Section 77)

Dominion Land Surveyor’s Certificate

I, (name of surveyor), of the (place of residence), Dominion Land Surveyor, make oath and say:

That the survey represented by this plan has been made by me, and that the said plan is correct and true and is prepared in accordance with the provisions of the Land Titles Act.

SWORN before me at the                            )

                      of                                            )

in the                    of                                     )                                                

this        day of              ,                              )    Dominion Land Surveyor

                                                                      

AR 480/81 Form 12;231/99;251/2001

Form 12A

Land Titles Act
(Section 85)

Consent to Plan of Subdivision

I, A.B., having a registered interest or claimed interest by virtue of an instrument or caveat registered in the Land Titles Office as instrument number                       in respect of the following land: (here describe land) hereby consent to the registration of a plan of subdivision which was surveyed by                      , A.L.S. between                       and                       

In witness whereof I have hereunto subscribed my name this

                  (date)                    

SIGNED by the above named                      )

                                                                     )

A.B. in the presence of                                )                                                

                                                                     )             (Signature)

                                                                     )

AR 538/82 s4;231/99;251/2001

Form 13

Land Titles Act
(Section 95)

Lease

I, A.B., being registered owner of an estate (state nature of estate) subject to registered encumbrances, liens and interests, if any, in all that piece of land described as follows: (here describe land) do hereby lease to E.F., all that land to be held by him as tenant, for the term of                       years, commencing on                     , at the yearly rental of                       dollars, payable (here insert terms of payments of rent), subject to the covenants and powers implied (also set forth any special covenants or modifications of implied covenants.)

I, E.F., do hereby accept this lease of the above described land, to be held by me as tenant, and subject to the conditions, restrictions and covenants above set forth.

Dated:                                               

SIGNED by the above named                      )

                                                                     )

A.B., as lessor, and E.F.,                              )                                                

                                                                     )              (Signature of Lessor)

as lessee, in the presence                              )

                                                                     )

of                                                                  )                                                

                                                                           (Signature of Lessee)

AR 480/81 Form 13;538/82;231/99;251/2001

Form 14

Land Titles Act
(Section 100)

Surrender of Lease

In consideration of (here set out true consideration) I, E.F., the lessee (or transferee) of lease registered in the Land Titles Office as instrument number                       in respect of that piece of land described as follows: (here describe land) do hereby surrender and yield up from the date of                       to (here insert name of owner of reversionary interest) the lease and the term therein created.

I, C.D., the mortgagee (or encumbrancee) under instrument number                       affecting the leasehold estate surrendered herein do hereby consent to the surrender of the lease. (Delete if not applicable.)

Dated:                                             

SIGNED by the above named                      )

                                                                     )

E.F., as lessee, and C.D.,                              )                                                

                                                                     )             (Signature of Lessee)

as mortgagee, in the presence                       )

                                                                     )

of                                                                  )                                                

                                                                           (Signature of Mortgagee)

AR 480/81 Form 14;538/82;231/99;251/2001

Form 15

Land Titles Act
(Section 102)

Mortgage

I, A.B., being registered owner of an estate (state nature of estate), subject to registered encumbrances, liens and interests, if any, in all that piece of land described as follows: (here describe land) in consideration of (here set out the amount and particulars of the loan or indebtedness), covenant with E.F., the mortgagee, of (here insert the mortgagee’s address):

That I will repay the sum lent to me (or the indebtedness) together with interest thereon as follows: (here set out covenants for repayment of principal and interest and special covenants, if any.)

And for better securing to the mortgagee the repayment in the manner set out above of the principal sum and interest (and other amounts hereby secured), I hereby mortgage to E.F. my estate and interest in the land described above.

In witness whereof, I have hereunto signed my name this

            (date)                   

SIGNED by the above named                      )

                                                                     )

A.B. in the presence of                                )                                                

                                                                     )    (Signature of mortgagor)

                                                                     )

AR 480/81 Form 15;538/82;231/99;251/2001

Form 16

Land Titles Act
(Section 102)

Encumbrance

I, A.B., being registered owner of an estate (state nature of estate), subject to registered encumbrances, liens and interests, if any, in all that piece of land described as follows: (here describe land) and desiring to render the land available for the purpose of securing to and for the benefit of C.D., of (here insert the encumbrancee’s address) the (sum of money, annuity, or rent charge) hereinafter mentioned, do hereby encumber the land described above for the benefit of C.D., with the (sum, annuity or rent charge) of                       to be paid at the times and in the manner following, that is to say: (here state the times appointed for the payment of the sum, annuity or rent charge intended to be secured, the interest, if any, and the events in which the sum, annuity or rent charge shall become and cease to be payable, also any special covenants or powers, and any modification of the powers or remedies given to an encumbrancee by this Act):  And subject as aforesaid C.D. shall be entitled to all powers and remedies given to an encumbrancee by the Land Titles Act.

In witness whereof I have hereunto subscribed my name this

               (date)                                                                                             

SIGNED by the above named              )

                                                             )

A.B. in the presence of                        )                                                        

                                                             )      (Signature of encumbrancer)

                                                             )

AR 480/81 Form 16;538/82;231/99;251/2001

Form 17

Land Titles Act
(Section 107)

Postponement

I,                       (the mortgagee, encumbrancee, caveator or as the case may be) in the (mortgage, encumbrance, caveat or other instrument) registered in the Land Titles Office as instrument number                        hereby agree to the postponement of my rights in the following land: (here describe land) to the rights in and to that land of (the mortgagee, encumbrancee, caveator or as the case may be) in the following instrument: (here identify the instrument or instruments to be given priority; use registration number if available.)

In witness whereof I have hereunto subscribed my name this

                (date)                

SIGNED by the above named                      )

                                                                     )                                                

in the presence of                                         )    (Signature)

                                                                     )

AR 480/81 Form 17;538/82;195/85;231/99;251/2001

Form 18

Land Titles Act
(Section 109)

Transfer of Mortgage, Encumbrance, or Lease

I, C.D., the mortgagee (encumbrancee or lessee, as the case may be), in consideration of                       dollars, this day paid to me by X.Y., of                       the receipt of which sum I do hereby acknowledge, hereby transfer to X.Y. the mortgage (encumbrance or lease, as the case may be, describe the instrument fully), together with all my rights, powers, title, and interest therein.

In witness whereof I have hereunto subscribed my name this

              (date)             

SIGNED by the said                                    )

in the presence of                                         )    C.D. (Transferor)

                                                                     )

AR 480/81 Form 18;231/99;251/2001

Form 19

Land Titles Act
(Section 109)

Transfer of Part of Mortgage or Encumbrance

I, C.D., the mortgagee (encumbrancee or lessee, as the case may be) in consideration of                       dollars this day paid to me by X.Y., of                      , the receipt of which sum I do hereby acknowledge, hereby transfer to X.Y.                       dollars of the mortgage (or encumbrance, as the case may be, describe the instrument fully) together with all my rights, powers, title, and interest therein, and the sum so transferred shall be preferred (or deferred or rank equally, as the case may be) to the remaining sum secured by the mortgage (or encumbrance).

In witness whereof I have hereunto subscribed my name this

             (date)                 

SIGNED by the said                                    )

in the presence of                                         )    C.D. (Transferor)

                                                                     )

AR 480/81 Form 19;231/99;251/2001

Form 20

Land Titles Act
(Section 115)

Power of Attorney

I, A.B., being registered owner of an estate (here state nature of the estate or interest), subject to registered encumbrances, liens and interests, if any, do hereby appoint C.D., attorney on my behalf to (here state the nature and extent of the powers intended to be conferred, as to sell, lease, mortgage, etc.) the land described in the schedule, and to execute all instruments, and do all acts, matters and things that may be necessary for carrying out the powers hereby given and for the recovery of all rents and sums of money that may become or are now due or owing to me in respect of the land, and for the enforcement of all contracts, covenants or conditions binding on any lessee or occupier of the land or on any other person in respect of it, and for the taking and maintaining possession of the land, and for protecting it from waste, damage, or trespass.

In witness whereof I have hereunto subscribed my name this

              (date)               

SIGNED by the above named                      )

                                                                     )

A.B. in the presence of                                )                                                

                                                                     )          (Signature)

                                                                     )

AR 480/81 Form 20;538/82;231/99

Form 21

Land Titles Act
(Section 115)

Revocation of Power of Attorney

I, A.B., of                       hereby revoke the power of attorney given by me to                       dated                                           , and recorded in the Land Titles Office as No.       

In witness whereof I have hereunto subscribed my name this