Land Titles Act, R.S.A. 2000, c. L-4

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LAND TITLES ACT
Chapter L-4
Table of Contents
	1	Definitions 
Land Titles Office
	2	Land Titles Office
Officers
	3	Inspector and Assistant Inspector of Land Titles
	4	Officials 
	5	Deputy Registrars 
	6	Officials under control of Minister 
	7	Oath of office
	8	Seal of office
	9	Administration of oaths 
	10	Officials acting as agents, etc.
	11	Business on premises
	12	Office hours
	13	Keeping of records
	14	Daily record
	15	Register
	16	Record of names
	17	Search
	18	Photostatic negative of certificate of title
	19	Duplicate records 
	20	Substitute instrument or caveat 
	21	Court order re lost instrument
	22	District boundaries 
	23	Copies of instruments and caveats
Registration
	24	Registration of grant 
	25	Memorandum on instrument
	26	Land in one certificate 
	27	Instruments in favour of corporations 
	28	Statutory declaration required
	29	Letters patent
	30	Land in national parks
	31	Statutory proceedings 
	32	Registration of estate
	33	Registration of title to land already granted 
	34	Registration of owner arising out of tax recovery proceedings 
	35	Application for registration
	36	Delivery of certificate of title when applicant is original grantee
	37	Reference to judge
	38	Examination by judge
	39	Adverse claims
	40	Publication of application
	41	Direction for registration
	42	Granting certificate on transfer
	43	Proof of age
	44	Post office address, signature, etc.
	45	Names and addresses on documents
	46	Transfer of ownership 
	47	Registration of trusts
	48	Registration of restrictive covenant
	49	Unit operation
	50	Formalities in instrument 
	51	Land identification number
	52	Undivided fractional interest in minerals 
	53	Necessity of registration 
	54	Effect of registration
	55	Expropriation 
	56	Priority of registration
Effect of Registration
	57	Implied covenants 
	58	Implied covenants in transfer 
	59	Negation and modification of implied covenants
	60	Obligation affecting land 
	61	Implied conditions
	62	Certificate as evidence of title
	63	Omission to send notice 
Transfers
	64	Transfers 
	65	Registration of transfer affecting joint tenancy
	66	Transfer of Crown land
	67	Memorandum of easements on certificate
	68	Grant of easement, etc. by owner to himself or herself
	69	Utility right of way
	70	Rights of way on closed roads
	71	Party wall agreement
	72	Encroachment agreement
	73	Cancellation of certain encumbrances
	74	Registration of judgment quieting title, etc. 
Transfers
	75	New certificates re consolidations, etc.
	76	Registration of instrument, etc. re Municipal Government Act
	77	Illustration of plan of survey
	78	Requirements re plan
	79	Requirements for registration 
	80	Survey re transfer
	81	Registration of plan of survey
	82	Plan of survey re public works, etc.
	83	Plan of survey re transfer, etc.
	84	Plan of survey re subdivision 
	85	Signatures of encumbrancees 
	86	Strata space
	87	Statutory plan
	88	Registration of descriptive plans 
	89	Change in natural boundary
	90	Actual area of land 
	91	Application to vary plan
	92	Correction of registered plan 
	93	Change of legal description 
	94	Sale of subdivided land 
Leases
	95	Requirements of lease 
	96	Covenants implied in lease
	97	Implied powers of lessor
	98	Re-entry
	99	Short form of lease
	100	Surrender of lease
	101	Cancellation of expired lease
Mortgages and Encumbrances
	102	Mortgages and encumbrances
	103	Mortgage as security
	104	Priority of mortgage
	105	Mortgages affected by conditional sales agreement
	106	Discharge of mortgage or encumbrance
	107	Postponements
	108	Memorandum in case of extinction of annuity, etc.
	109	Priority of transfers of mortgages
	110	Liability of transferee
	111	Rights of transferee
	112	Short form of mortgage
	113	Standard form mortgage
	114	Use of standard form mortgage
Powers of Attorney
	115	Power of attorney
Transmission
	116	Transmission of title on death
	117	Transmission of estate or interest under will or in intestacy
	118	Tenure of person registered in place of deceased owner
	119	Transfer by personal representative to himself or herself
	120	Conditions of registration of transfer, etc.
	121	Joint tenancy
Enforcement
	122	Registration of instruments
	123	Lapse of instrument
	124	Transfer or postponement of writ
	125	Discharge of writ
Changes of Name
	126	Change of name of married person or adult interdependent partner
	127	Changes of name
Assignment for Benefit of Creditors
	128	Assignment for benefit of creditors
Amending Agreements
	129	Registration of amending agreement
Caveats
	130	Filing of caveat
	131	Requirements of caveat
	132	Address for service
	133	Caveat based on unregistered mortgage
	134	Duties of Registrar on receipt of caveat
	135	Effect of caveat
	136	Transfer of caveat
	137	Withdrawal of caveat
	138	Lapse of caveat
	139	Caveat to protect restrictive covenant
	140	Extension of time for proceeding on caveat
	141	Application to discharge caveat
	142	Order for security
	143	Refusal to remove caveat
	144	Compensation in case of caveat filed wrongfully
	145	Number of caveats
	146	Order re caveat
	147	Priority of caveat
	148	Registration of certificate of lis pendens
	149	Compensation re certificate of lis pendens
	150	Memorandum on withdrawal, etc., of caveat
	151	Caveat for Crown or person under disability
	152	Cancellation of certificate of lis pendens
Liens under the Builders' Lien Act
	153	Builders' liens
Assignments of Contracts of Sale
	154	Assignment of contract
Attestation of Instruments
	155	Attestation within Alberta
	156	Attestation outside Alberta
	157	Ineligibility to act as witness
	158	Execution by interested commissioner for oaths or notary public
	159	Exceptions to sections 155 and 156
	160	Effect of failure to comply with attestation requirements
	161	Execution of documents by corporation
	162	Power of the court
	163	Application of Dower Act
Assurance Fees
	164	Registration and assurance fees
	165	Inspectors of transfers
	166	Accounting for money received
	167	Assurance fees
	168	Actions against Registrar
	169	Right of action of spouse
	170	Protection of bona fide purchasers and mortgagees
	171	Registrar as defendant
	172	Final judgment against Registrar in cases where co-defendant liable
	173	Assignment of judgment to Provincial Treasurer
	174	Notice of action to Registrar
	175	Payment of judgment out of General Revenue Fund
	176	Actions against Registrar in Registrar's name of office
	177	Costs of action
	178	Limitation of action against Registrar
	179	Error in mines and minerals
	180	Settlement of claim out of General Revenue Fund
	181	Liability of General Revenue Fund
	182	Recovery of money paid out of General Revenue Fund
Remedial Proceedings
Ejectment
	183	Protection against ejectment
Appeals and References to Judge
	184	Appeal to judge from acts of Registrar
	185	Reference by Registrar to judge
	186	Reservations in original grant from the Crown
	187	Correction of instrument
	188	Entry of correction
	189	Examination and orders by judge
	190	Power of judge to cancel, correct, etc., duplicate certificate
	191	Registration of judgment, order or certificate
	192	Notice to interested parties
	193	Inquiry


Appeal
	194	Appeal from judge's decision
	195	Reference by judge to Court of Appeal
	196	Payment of costs
	197	Enforcement of orders of court
	198	Tariff of costs
General Provisions
	199	Use of name of owner by beneficiary in action respecting land, etc.
	200	Use of instrument as evidence of transfer, etc.
	201	Reproduction of instrument or caveat
	202	Minerals owned by Crown
	203	Protection of person accepting transfer, etc.
	204	Suit for specific performance
	205	Transfers to trustees and joint owners
	206	Notice of court order
	 207	Jurisdiction of courts
	208	Land description in court order
	209	Effect of death, etc., on proceedings under Act
	210	Effect of irregularity in proceedings
	211	Protection of officers, etc.
	212	False statements
	213	Regulations
	214	Furnishing books, forms, etc.
	215	Address for service of notice
	216	Notice to Crown
		Schedule 1 - Short Covenants in Lease
		Schedule 2 - Short Covenants in Mortgage
HER MAJESTY, by and with the advice and consent of the 
Legislative Assembly of Alberta, enacts as follows:
Definitions 
1   In this Act,
	(a)	"affidavit" means an affirmation when made by a person 
entitled to affirm;
	(b)	"certificate of title" means the record of the title to land 
that is maintained by the Registrar;
	(c)	"court" means any court authorized to adjudicate in 
Alberta in civil matters in which the title to real estate is 
in question;
	(d)	"dependent adult" means
	(i)	a dependent adult as defined by the Dependent 
Adults Act, or
	(ii)	a person in respect of whom a certificate of 
incapacity has been issued under the Dependent 
Adults Act;
	(e)	"encumbrance" means any charge on land created or 
effected for any purpose whatever, inclusive of mortgage, 
mechanics' or builders' liens, when authorized by statute, 
and executions against land, unless expressly 
distinguished;
	(f)	"encumbrancee" means the owner of an encumbrance;
	(g)	"encumbrancer" means the owner of any land or of any 
estate or interest in land subject to any encumbrance;
	(h)	"endorsed" and "endorsement" apply to anything entered, 
printed, stamped or written on an instrument or caveat or 
on any paper attached to it by the Registrar;
	(i)	"filing" means the entering in the record of any instrument 
or caveat;
	(j)	"grant" means a grant of Crown land, whether in fee or 
for years, and whether direct from Her Majesty or 
pursuant to any statute;
	(k)	"instrument" means
	(i)	a grant, certificate of title, conveyance, assurance, 
deed, map, plan, will, probate or exemplification of 
will, letters of administration, or an exemplification 
of letters of administration, mortgage or 
encumbrance,
	(ii)	a judgment or order of a court,
	(iii)	an application under section 75, or
	(iv)	any other document in writing relating to or affecting 
the transfer of or dealing with land or evidencing title 
to land;
	(l)	"judge" means an official authorized in Alberta to 
adjudicate in civil matters in which the title to real estate 
is in question;
	(m)	"land" means land, messuages, tenements and 
hereditaments, corporeal and incorporeal, of every nature 
and description, and every estate or interest therein, 
whether the estate or interest is legal or equitable, together 
with paths, passages, ways, watercourses, liberties, 
privileges and easements appertaining thereto and trees 
and timber thereon, and mines, minerals and quarries 
thereon or thereunder lying or being, unless any of them 
are specially excepted;
	(n)	"memorandum" means the endorsement on the certificate 
of title of the particulars of an instrument or caveat 
presented for registration;
	(o)	"mortgage" means a charge on land created merely for 
securing a debt or loan;
	(p)	"mortgagee" means the owner of a mortgage;
	(q)	"mortgagor" means the owner or transferor of land, or of 
any estate or interest in land charged as security for a debt 
or a loan;
	(r)	"owner" means a person entitled to any freehold or other 
estate or interest in land, at law or in equity, in possession, 
in futurity or expectancy;
	(s)	"possession" when applied to persons claiming title to 
land means also alternatively the reception of the rents 
and profits of the land;
	(t)	"register" means the register of titles to land kept in 
accordance with this Act;
	(u)	"Registrar" means a Registrar of Titles and includes a 
Deputy Registrar, an Assistant Deputy Registrar, the 
Inspector of Land Titles Offices and the Assistant 
Inspector of Land Titles Offices;
	(v)	"registration" means
	(i)	the bringing of land under the provisions of this Act,
	(ii)	the entering on the certificate of title of a 
memorandum authorized by this Act or any other Act 
of any instrument or caveat, and
	(iii)	the entering in the proper register of any instrument 
or caveat authorized to be registered, of which a 
memorandum is not required to be entered on a 
certificate of title;
	(w)	"transfer" means the passing of any estate or interest in 
land under this Act, whether for valuable consideration or 
otherwise, as well as the instrument of transfer in the 
prescribed form;
	(x)	"transferee" means the person to whom any interest or 
estate in land is transferred, whether for value or 
otherwise;
	(y)	"transferor" means the person by whom any interest or 
estate in land is transferred, whether for value or 
otherwise;
	(z)	"transmission" applies to change of ownership consequent 
on death, mental incapacity, sale under execution, order of 
court, or other act of law, sale for arrears of taxes or on a 
settlement or any legal succession in case of intestacy.
RSA 1980 cL-5 s1;1983 c37 s33;1985 c48 s2(2); 
1988 c27 s2;1996 c32 s5(28);1999 c10 s2
Land Titles Office
Land Titles Office 
2   An office known as a "Land Titles Office" shall be located at 
one or more locations as determined by the Minister responsible for 
this Act.
RSA 1980 cL-5 s4;1985 c48 s2(3);1996 c32 s5(3)
Officers
Inspector and Assistant Inspector of Land Titles 
3   The Minister responsible for this Act may appoint
	(a)	an Inspector of Land Titles Offices who shall, at the 
direction of that Minister, inspect the books and records of 
the Land Titles Offices, perform the duties of a Registrar 
and carry out other functions assigned to the Inspector, 
and
	(b)	an Assistant Inspector of Land Titles Offices who shall 
assist the Inspector of Land Titles Offices in the 
performance of the Inspector's duties and act in the place 
of the Inspector during the Inspector's absence or when 
there is no Inspector of Land Titles Offices.
RSA 1980 cL-5 s5;1994 cG-8.5 s40
Officials
4   In accordance with the Public Service Act, there may be 
appointed
	(a)	an officer to be known as the "Registrar of Titles",
	(b)	one or more Deputy Registrars,
	(c)	one or more Assistant Deputy Registrars, and
	(d)	any other employees,
as required for the purpose of administering the Land Titles Office.
RSA 1980 cL-5 s6;1988 c27 s4;2000 c14 s2
Deputy Registrars 
5(1)  The Deputy Registrar may, in the event of illness or absence 
of the Registrar, perform all the duties required by the Act to be 
done by the Registrar.
(2)  In the case of death, resignation or removal from office of the 
Registrar, the Deputy Registrar shall do and perform all the duties 
of a Registrar until another Registrar is appointed.
RSA 1980 cL-5 s8
Officials under control of Minister
6   The Inspector of Land Titles Offices, the Assistant Inspector of 
Land Titles Offices, the Registrars, Deputy Registrars and other 
necessary officers are under the control of the Minister responsible 
for this Act.
RSA 1980 cL-5 s9;1994 cG-8.5 s40
Oath of office 
7   The Inspector of Land Titles Offices, the Assistant Inspector of 
Land Titles Offices and every Registrar, Deputy Registrar and 
Assistant Deputy Registrar before entering on the execution of that 
office shall take the official oath prescribed by the Oaths of Office 
Act.
RSA 1980 cL-5 s10
Seal of office 
8   The Registrar shall have a seal of office.
RSA 1980 cL-5 s11;1988 c27 s5;2000 c14 s3
Administration of oaths 
9   The Inspector of Land Titles Offices, the Assistant Inspector of 
Land Titles Offices or any Registrar or Deputy Registrar or 
Assistant Deputy Registrar may administer any oath or take any 
affirmation or declaration instead of an oath respecting titles to 
land from anyone entitled by law to affirm or declare.
RSA 1980 cL-5 s12;1985 c48 s2(4)
Officials acting as agents, etc.
10   The Inspector of Land Titles Offices, the Assistant Inspector 
of Land Titles Offices and any Registrar, Deputy Registrar,  
Assistant Deputy Registrar or clerk in any Land Titles Office shall 
not directly or indirectly act as the agent of any person investing 
money and taking securities on land within Alberta, advise, for any 
fee or reward or otherwise, on titles to land or practise as a 
conveyancer.
RSA 1980 cL-5 s13;1996 c32 s5(4)
Business on premises 
11   The Inspector of Land Titles Offices, the Assistant Inspector 
of Land Titles Offices and any Registrar, Deputy Registrar, 
Assistant Deputy Registrar or clerk in any Land Titles Office shall 
not carry on or transact within the Land Titles Office any business 
or occupation whatever other than that official's duties as 
Inspector, Assistant Inspector, Registrar, Deputy Registrar, 
Assistant Deputy Registrar or clerk.
RSA 1980 cL-5 s14
Office hours 
12   Every Land Titles Office shall be kept open during the hours 
and on the days fixed by the Minister.
RSA 1980 cL-5 s15;1985 c48 s2(5);1994 cG-8.5 s40
Keeping of records
13   Where records are required to be kept under this Act, the 
Registrar may keep those records
	(a)	in written form,
	(b)	by any graphic, photographic, magnetic or electronic 
means, or
	(c)	by any other means or combination of means,
as the Registrar considers appropriate.
1988 c27 s6
Daily record 
14(1)  The Registrar shall keep a record that shall contain 
particulars of every instrument and caveat accepted by the 
Registrar for filing or registration.
(2)  The Registrar shall cause each instrument or caveat received by 
the Registrar for filing or registration to be examined and if it is 
found to be complete and in the proper form and fit for filing or 
registration, the Registrar shall endorse on the instrument or caveat 
the serial number assigned to it and the date on which the serial 
number is assigned.
(3)  For purposes of priority between mortgagees, transferees and 
others, the serial number assigned to the instrument or caveat shall 
determine the priority of the instrument or caveat filed or 
registered.
(4)  Notwithstanding subsections (2) and (3), instead of assigning a 
serial number to an instrument or caveat, the Registrar may identify 
the instrument or caveat by a means other than a serial number so 
long as that other means of identification allows for the 
determination of priority between mortgagees, transferees and 
others.
RSA 1980 cL-5 s16;1985 c48 s2(6);1988 c27 s7; 
1994 cC-10.5 s134;1996 c32 s5(5);1999 c10 s3
Register 
15   The Registrar shall keep each certificate of title and shall 
record on it the particulars of all instruments, caveats, dealings and 
other matters by this Act required to be registered or entered on the 
certificate of title and affecting the land included in it and the 
certificates of title so kept constitute the "register".
RSA 1980 cL-5 s17;1985 c48 s2(7);1988 c27 s8
Record of names
16   The Registrar shall maintain a record that will enable the 
Registrar to provide a list of land owned by persons who have the 
same name as a person specified in a request made to the Registrar 
for a search under section 17.
1988 c27 s9
Search
17   On receiving a request for a search and the payment of the 
prescribed fee and on the fulfilment of any conditions, criteria or 
qualifications prescribed by regulation, the Registrar shall furnish a 
search of the information contained in the register.
RSA 1980 cL-5 s18;1988 c27 s10;1999 c10 s4
Photostatic negative of certificate of title 
18(1)  When a certificate of title in the register is torn, damaged, 
frayed, mutilated or is otherwise rendered unfit, in the opinion of 
the Registrar, for continued use, the Registrar may cause a 
photostatic negative to be made of the face of the certificate of title 
and a photostatic negative to be made of the reverse side of the 
certificate of title.
(2)  The Registrar shall endorse and sign a memorandum on the 
reverse side of each photostatic negative stating the date on which 
the negative was made.
(3)  The Registrar may remove the certificate of title from the 
register and shall replace it with the 2 photostatic negatives.
(4)  The 2 negatives are deemed for all purposes of this Act to be 
the certificate of title and after the date on which they were made 
the Registrar shall record on them the particulars of each 
instrument, dealing or other matter required to be registered or 
entered in the register by this Act and affecting the land included in 
the certificate of title.
(5)  The 2 negatives are admissible in evidence in all cases and for 
all purposes for which the certificate of title would have been 
admissible, notwithstanding that the certificate of title has not been 
destroyed.
RSA 1980 cL-5 s19;1988 c27 s11
Duplicate records
19(1)  The Registrar shall, by any method the Registrar considers 
appropriate, keep a duplicate record of the following:
	(a)	a certificate of title when it is removed from the register;
	(b)	a new certificate of title when it is issued;
	(c)	a certificate of title after a memorandum is endorsed on it;
	(d)	an instrument or caveat accepted for filing or registration, 
after the memorandum of the filing or registration has 
been entered on the certificate of title.
(2)  Where a duplicate record has been made of an instrument or 
caveat, the original instrument or caveat may be destroyed after any 
period of time that may be prescribed by regulation.
RSA 1980 cL-5 s20;1988 c27 s12
Substitute instrument or caveat 
20(1)  Where the Registrar is satisfied that an instrument or caveat 
has been destroyed, is lost or cannot be found, the Registrar may 
refer to
	(a)	the records kept under section 19, and
	(b)	the other records kept in the Land Titles Office,
and create a substitute for or a copy of the instrument or caveat 
based on the information contained in those records.
(2)  Where a substitute for or a copy of the instrument or caveat is 
made under subsection (1), it has, without further proof, the same 
force and effect as the original instrument or caveat.
RSA 1980 cL-5 s21;1988 c27 s13
Court order re lost instrument
21(1)  When the Registrar
	(a)	is required to produce an instrument or caveat, and
	(b)	certifies that the Registrar is unable to produce the 
instrument or caveat by reason that it has been destroyed, 
is lost or cannot be found and another record of the 
instrument or caveat has not been made,
a person having an interest in the land affected by the instrument or 
caveat may apply by an originating notice to the court for an order 
dealing with the instrument or caveat in any manner that the court 
considers appropriate.
(2)  The originating notice referred to in subsection (1) shall be 
served on those persons and in any manner that the court directs.
RSA 1980 cL-5 s22;1988 c27 s14
District boundaries 
22   On receipt of a copy of the order forming the district or of any 
other order or notice altering the content of the district from the 
drainage council or irrigation council, as the case may be, the 
Registrar shall note on each certificate of title to a parcel of land 
shown in the order or notice the fact that the parcel forms part of 
the district or, as the case may be, shall remove the note to that 
effect.
RSA 1980 cL-5 s23;1999 cI-11.7 s214
Copies of instruments and caveats 
23(1)  A Registrar shall, on request and payment of the prescribed 
fee, furnish a reproduction of any instrument or caveat.
(2)  Notwithstanding subsection (1), if a reproduction of an 
instrument or caveat cannot be made, the Registrar may furnish a 
document setting out the information contained in the instrument or 
caveat that is available to the Registrar.
1985 c48 s2(8);1988 c27 s16
Registration
Registration of grant 
24(1)  A grant is deemed to be registered under this Act when it 
has been marked by the Registrar with the serial number assigned 
to it and a memorandum of its registration has been entered in the 
record.
(2)  A caveat or an instrument, other than a grant, is deemed to be 
registered when a memorandum of it has been entered on the 
existing certificate of title.
RSA 1980 cL-5 s25;1985 c48 s2(9);1988 c27 s17;1996 c32 s5(28)
Memorandum on instrument 
25   Every memorandum entered on a certificate of title shall state 
the nature of the instrument or caveat to which it relates, the serial 
number of the instrument or caveat, the date on which the serial 
number was assigned and any other particulars that the Registrar 
considers to be appropriate.
RSA 1980 cL-5 s27;1988 c27 s19
Land in one certificate 
26(1)  A certificate of title shall not include the following:
	(a)	more than one section of land;
	(b)	parcels of land that are described by reference to different 
registered plans;
	(c)	land described in parts, where one part is described by 
reference to a registered plan and another part is described 
by any other kind of description.
(2)  Unless the Registrar otherwise permits, a certificate of title 
shall include only land that consists of a contiguous area.
(3)  The Registrar may cancel a certificate of title that does not 
comply with subsection (1) or (2), or both of them, and issue in 
substitution for it new certificates of title to the land that was 
included in the cancelled certificate of title.
RSA 1980 cL-5 s29;1988 c27 s20
Instruments in favour of corporations 
27(1)  The Registrar may reject any instrument or caveat under 
which an interest in land is claimed or dealt with on behalf of a 
corporation unless the Registrar is satisfied that the corporation is
	(a)	registered under the Companies Act,
	(b)	registered, incorporated or continued under the Business 
Corporations Act or the Cooperatives Act,
	(c)	a loan corporation or trust corporation,
	(d)	licensed under the Insurance Act,
	(e)	registered under the Societies Act,
	(f)	registered under the Co-operative Associations Act or the 
Rural Utilities Act,
	(g)	incorporated under the Credit Union Act,
	(h)	incorporated under the Agricultural Societies Act,
	(i)	incorporated in Alberta by or pursuant to a public or 
private Act,
	(j)	incorporated or continued under the Bank Act (Canada) or 
the Railway Act (Canada), RSC 1985 cR-3, or
	(k)	an agent of the Crown in right of Canada.
(2)  In the case of any corporation to which subsection (1)(a), (b), 
(c), (d), (e), (f), (g) or (h) applies, the receipt by the Registrar of a 
certificate from
	(a)	the Registrar of Companies that a corporation is registered 
under the Companies Act,
	(b)	the Registrar as defined in the Business Corporations Act 
that a corporation is registered, incorporated or continued 
under that Act,
	(b.1)	the Director as defined in the Cooperatives Act that a 
cooperative is registered, incorporated or continued under 
that Act,
	(c)	the Registrar as defined in the Business Corporations Act 
that a corporation is registered under the Societies Act, the 
Co-operative Associations Act or the Rural Utilities Act,
	(d)	the member of the Executive Council responsible for the 
administration of the Loan and Trust Corporations Act 
that a corporation is a loan corporation or trust 
corporation,
	(e)	the Minister responsible for the Insurance Act that a 
corporation is licensed under the Insurance Act,
	(f)	the member of the Executive Council responsible for the 
administration of the Credit Union Act that a corporation 
is incorporated under the Credit Union Act, or
	(g)	the Director of Agricultural Societies that a corporation is 
incorporated under the Agricultural Societies Act,
shall be sufficient to satisfy the Registrar in relation to every 
submission for registration or filing made afterwards in relation to 
that corporation until the Registrar is informed by the Registrar of 
Companies, the Registrar as defined in the Business Corporations 
Act, the member of the Executive Council responsible for the 
administration of the Loan and Trust Corporations Act, the 
Superintendent of Insurance, the member of the Executive Council 
responsible for the administration of the Credit Union Act or the 
Director of Agricultural Societies, as the case may be, that the 
certificate issued in respect of that corporation is no longer valid.
(3)  The Registrar of Companies, the Registrar as defined in the 
Business Corporations Act, the member of the Executive Council 
responsible for the administration of the Loan and Trust 
Corporations Act, the Superintendent of Insurance, the member of 
the Executive Council referred to in subsection (2)(f) and the 
Director of Agricultural Societies, as the case may be, shall notify 
the Registrars forthwith, on any corporation for which they may 
have issued their respective certificates being dissolved or 
liquidated and dissolved or ceasing to be registered or licensed, that 
the certificate issued in respect of that corporation is invalid.
(4)  Except in respect of a corporation
	(a)	that is a loan corporation or trust corporation, or
	(b)	licensed under the Insurance Act,
a certificate of a solicitor who is a member of The Law Society of 
Alberta stating that the corporation is registered under the 
Companies Act, the Societies Act, the Co-operative Associations 
Act, the Rural Utilities Act or the Agricultural Societies Act, or is 
incorporated, continued or registered under the Business 
Corporations Act, the Cooperatives Act or the Credit Union Act 
shall be sufficient to satisfy the Registrar in relation to the 
submission for registration or filing of the instrument or caveat to 
which the certificate is attached and of which it forms part.
(5)  Notwithstanding subsections (1) to (4), the Registrar may 
register a lien under the Builders' Lien Act by an extra-provincial 
corporation that is not registered in Alberta.
RSA 2000 cL-4 s27;RSA 2000 cI-3 s860; 
2001 cC-28.1 s457;2001 c23 s1(10)
Statutory declaration required 
28(1)  The Registrar shall refuse to register the transfer or 
transmission of any estate or interest in land, to register any caveat 
relating to an estate or interest in land or to register or file a plan of 
subdivision unless the transfer, transmission, caveat or plan of 
subdivision is accompanied with a statutory declaration in the form 
and containing the information prescribed by regulations under the 
Agricultural and Recreational Land Ownership Act and section 35 
of the Citizenship Act (Canada) and made by the person required by 
those regulations to make it.
(2)  The Registrar shall refuse to register a transfer, transmission, 
caveat or plan of subdivision described in subsection (1) if the 
Registrar has reason to believe that the transfer, transmission, 
caveat or plan of subdivision results in the taking or acquisition 
directly or indirectly of, or the succession to, an estate or interest in 
land by a person contrary to regulations made under the 
Agricultural and Recreational Land Ownership Act and section 35 
of the Citizenship Act (Canada).
RSA 1980 cL-5 s31;1994 c23 s50
Letters patent 
29(1)  When any land is granted in Alberta by the Crown and the 
letters patent for the grant have been forwarded from the office 
from which the letters patent are issued to the Registrar, the 
Registrar shall retain the letters patent in the Registrar's office, and 
a certificate of title, as provided by this Act, with any necessary 
qualifications shall be granted to the patentee.
(2)  If a person has obtained a patent under a homestead or under a 
homestead and pre-emption entry in accordance with any statutory 
provision, a certificate of title shall be issued to the party free of all 
fees and charges that under this Act are otherwise required to be 
paid.
(3)  The notification to the Hudson's Bay Company by the Minister 
of the Interior under the Dominion Lands Act (Canada), RSC 1927 
c113, of the survey and confirmation of the survey of any township 
or part of a township shall be accepted by a Registrar as equivalent 
to and dealt with by the Registrar in all respects in the same manner 
as if the notification were letters patent to and in favour of the 
company granting to the company in fee simple the sections or 
portions of sections to which it is entitled in the townships or parts 
of townships under the Dominion Lands Act (Canada), RSC 1927 
c113.
(4)  A notification to the Registrar from the Minister of the Interior 
of Canada that the land described in the notification has been 
granted to the Canadian Pacific Railway Company or to any other 
railway company entitled to Dominion land under authority of an 
Act of the Parliament of Canada shall be accepted by the Registrar 
and dealt with by the Registrar in all respects as if it were letters 
patent in favour of the company.
(5)  A notification received by the Registrar from the Minister of 
Infrastructure of the abandonment by the Crown of any roads or 
road allowances or trails that now are or that may hereafter be 
vested in the Crown in right of Alberta has the same effect as a 
patent issued by the Crown to the person mentioned in the 
notification as transferee and shall be so treated by the Registrar, 
and the notification shall state the nature of the grant and shall 
specify any mines, minerals, easements or rights that are excepted 
from the grant.
(6)  A certified copy of an order in council passed by the 
Government of Canada or other notification that the land described 
in the order in council or notification has been granted to the 
Crown in right of Alberta is of the same effect as a patent issued by 
the Crown and shall be so treated by the Registrar.
(7)  On receipt by the Registrar of a notification affecting any land 
vested in the Crown in right of Alberta, issued and executed in the 
manner provided in any statute in force in Alberta relating to the 
disposition of the land first mentioned, that any parcel of the land 
described in the notification or any interest in any such land has 
been granted to any person pursuant to that statute, the notification 
shall be accepted by the Registrar and be dealt with by the 
Registrar in all respects as if it were letters patent in favour of that 
person, and the Registrar shall issue a certificate of title in 
conformity with the terms of the notification.
RSA 1980 cL-5 s32;1986 c15 s9;1992 c21 s21; 
1996 c32 s5(7);1999 c10 s6
Land in national parks
30   The Registrar shall accept for registration and register 
duplicate originals, or copies certified by
	(a)	the deputy or acting deputy of the Minister charged with 
the administration of the National Parks Act (Canada), or
	(b)	the Chief Executive Officer under the Parks Canada 
Agency Act (Canada) or a person duly authorized by the 
Chief Executive Officer,
of any leases or other registerable instrument or instruments in 
connection with or relating to the title to land situated within the 
area set apart for national parks.
RSA 1980 cL-5 s33;1985 c48 s2(10);2000 c14 s5
Statutory proceedings 
31   When by virtue of any statutory proceedings, land or an 
interest in land, belonging to any person, has become vested in any 
other person, and no other express authority exists for making the 
necessary entries, cancellations, or issues of new instruments, the 
Registrar shall make the entries, cancellations and issues of new 
instruments that the Registrar would have made if there had been a 
transfer of the land or interest from the first mentioned person to 
the other person.
RSA 1980 cL-5 s34
Registration of estate 
32(1)  The owner of any estate leased or demised to the owner or 
to the person from whom the owner claims a title, for a life or for 
lives, or for a term of more than 3 years, in any land for which the 
grant from the Crown has been registered, may apply to have the 
owner's title registered and to have a certificate of title issued for it 
to the owner under this Act.
(2)  A certificate of title issued for a leasehold or life estate is, by 
implication and without any special mention in the certificate of 
title, subject to all instruments and caveats registered against the 
certificate of title from which the estate is derived prior to the 
registration of the instrument creating the leasehold or life estate.
RSA 1980 cL-5 s35;1985 c48 s2(11);1988 c27 s22
Registration of title to land already granted 
33(1)  The owner of any estate or interest in any land whether legal 
or equitable, letters patent for which issued from the Crown before 
January 1, 1887, or that otherwise had prior to that date passed 
from the Crown, may apply to have the owner's title registered 
under this Act.
(2)  If at the time of the grant of the certificate of title there are no 
registered encumbrances or conveyances affecting the land, the 
certificate may be granted to the patentee on payment of the fees 
fixed in that behalf by tariff made by the Lieutenant Governor in 
Council, but no fees shall be payable for it under section 164.
RSA 1980 cL-5 s36
Registration of owner arising out of tax recovery proceedings 
34   When a caveat or notification is forwarded to the Registrar 
under the Municipal Government Act with respect to any parcel of 
land the title to which is not registered under this Act, together with 
an affidavit that the person named in the caveat or notification is 
the owner of the parcel and that the person resides at an address 
given in the caveat or notification, the Registrar shall notify that 
person by registered mail that unless the latter shows cause why the 
person should not be registered as owner of the parcel within one 
month from the posting of the letter, the Registrar will so register 
the person, and shall, on being satisfied that any such person or any 
other person is the owner of the land, issue a certificate of title in 
the person's name.
RSA 1980 cL-5 s37;1994 cM-26.1 s642(35)
Application for registration 
35(1)  The application to bring land under the operation of this Act 
shall be made in the prescribed form to the Registrar, shall be 
verified by the affidavit in the prescribed form of the applicant or 
someone on the applicant's behalf and shall be accompanied with
	(a)	all deeds in possession of the applicant, if any,
	(b)	a certificate showing all registrations affecting the title 
down to the time when the application is filed, with copies 
of any registered documents the original of which the 
applicant is unable to produce, and
	(c)	a printed search result showing that no writ of 
enforcement has been registered in the Personal Property 
Registry against the applicant.
(2)  In no case is it necessary for any applicant to produces copies 
of any documents under subsection (1) if the originals are of record 
at the time when the application is made in the office of the 
Registrar to whom the application is made.
(3)  It is not necessary for the Hudson's Bay Company, in the case 
of land the title of which has passed to that company before 
January 1, 1887, either by notification made under the Dominion 
Lands Act (Canada), RSC 1927 c113, or by letters patent issued 
under that Act prior to that date, to produce to the Registrar any of 
the certificates mentioned in this section if the application is 
accompanied with an affidavit, in the prescribed form, to be made 
by any officer of the company, approved by the Minister.
(4)  For the purpose of the application, all transfers of land 
executed in the manner in which transfers are required to be 
executed under this Act shall be taken to be effectual to vest the 
title to the land in the transferee mentioned in the transfer.
RSA 1980 cL-5 s38;1994 cC-10.5 s134;1994 cG-8.5 s40;1996 c32 s5(8)
Delivery of certificate of title when applicant is original grantee
36(1)  On the filing of the application,
	(a)	if the applicant is the original grantee of the Crown of the 
land and no deed, transfer, mortgage or other 
encumbrance or instrument or caveat affecting the title to 
that land appears to have been recorded, or
	(b)	if the applicant is not the original grantee, all the original 
title deeds are produced and no person other than the 
applicant is in actual possession of the land and no caveat 
has been registered,
the Registrar, if the Registrar entertains no doubt as to the title of 
the applicant, shall grant a certificate of title as provided in this 
Act.
(2)  If there is a mortgage or encumbrance against the land at the 
date of the application, the filing with the Registrar of the original 
mortgage or the instrument creating the encumbrance or a copy of 
the mortgage or instrument having endorsed on it or attached to it a 
receipt for the payment of the amount secured by it signed by the 
mortgagee or encumbrancee attested by an affidavit of the witness, 
operates a discharge of the security created by the mortgage or 
encumbrance.
(3)  The receipt may be in the prescribed form.
(4)  If any person other than the applicant is admitted or appears to 
be interested in the land, then if the person's interest is by virtue of 
a mortgage, encumbrance, lease, or charge created by any other 
instrument and the instrument is at the time of the application of 
record in the office of the Registrar to whom the application is 
made, or, if not of record, the instrument is produced to the 
Registrar, and if the applicant desires to have the applicant's title 
registered, subject to the interest of the other person, the Registrar, 
if the Registrar entertains no doubt as to the extent and nature of 
the interest or of the title of the applicant, may register the title and 
grant a certificate of title subject to the interest.
(5)  In any case where the person who is admitted or appears to be 
interested in land is a consenting party to an application, the 
Registrar may, if the Registrar entertains no doubt as to the title of 
the applicant, grant a certificate of title, subject to the terms of the 
consent, but the consent shall be in writing by the consenting party 
in the presence of a witness and attested in the manner provided for 
by this Act.
RSA 1980 cL-5 s39;1999 c10 s7
Reference to judge
37   In all cases other than those provided for in section 36, the 
Registrar shall forthwith, having given the applicant a certificate of 
the filing of the applicant's application, transmit the application, 
with all evidence supplied, to a judge to be dealt with as provided 
in this Act.
RSA 1980 cL-5 s40
Examination by judge
38   The judge shall examine without delay all titles submitted to 
the judge, and for that purpose shall when necessary hear all 
persons interested and shall hear and consider the claims as against 
the applicant of any person who is in possession of the land, and 
the judge has all the powers for compelling the attendance of 
persons and the production of documents that usually appertain to 
courts of civil justice in civil actions brought in those courts.
RSA 1980 cL-5 s41
Adverse claims 
39(1)  Any person having an adverse claim or a claim not 
recognized in the application for registration may, at any time 
before the judge has approved of the applicant's title, file with the 
Registrar a short statement of the person's claim, verified by 
affidavit, and shall serve a copy of it on the applicant, the 
applicant's solicitor or agent.
(2)  If an adverse claim is filed, the judge shall proceed to examine 
into and adjudicate on it, and no certificate of title shall be granted 
until the adverse claim has been disposed of.
RSA 1980 cL-5 s42
Publication of application 
40(1)  In any case before the judge, the judge may direct that 
notice of the application be published in some newspaper or 
newspapers in a form and for a period the judge thinks expedient.
(2)  No order for registration shall be granted by the judge until 
after the expiration of at least 4 weeks from the first publication of 
the notice, if the judge has directed it to be published.
RSA 1980 cL-5 s43
Direction for registration 
41   The judge if satisfied with the applicant's title shall make an 
order directing the Registrar to register it after the expiration of 4 
weeks from the date of the order, unless in the meantime the order 
is appealed from.
RSA 1980 cL-5 s44
Granting certificate on transfer 
42   On every transfer of land mentioned in a certificate of title, the 
certificate of title to be issued shall be issued by the Registrar.
RSA 1980 cL-5 s46;1985 c48 s2(12);1999 c10 s9
Proof of age 
43   In all cases of transfers, mortgages, encumbrances or leases, 
the Registrar may require satisfactory evidence that the person 
making the instruments is an adult.
RSA 1980 cL-5 s47
Post office address, signature, etc.
44(1)  An owner or mortgagee of land for which a certificate of 
title has been granted shall deliver to the Registrar a memorandum 
in writing of some post office address to which it shall be sufficient 
to mail all notices that under this Act are required to be sent to an 
owner or mortgagee.
(2)  An owner or mortgagee shall from time to time in like manner 
notify the Registrar of any change in the owner's or mortgagee's 
address.
(3)  Notwithstanding subsection (1), the Registrar may proceed 
without a memorandum of address.
RSA 1980 cL-5 s48;1982 c23 s3;1985 c48 s2(13)
Names and addresses on documents 
45   If a document is presented to the Registrar for registration and 
does not disclose, in respect of any person who is a party to the 
document, whether or not the person signed it, or who issued or is 
affected by the document,
	(a)	the person's surname and at least one given name in full, 
in the case of a natural person, and
	(b)	an address giving the municipal number and the street or 
avenue, if any, or an address that is in the opinion of the 
Registrar sufficient for the purpose of giving notice by 
mail to that person,
the Registrar may refuse registration of the document until either 
the document is changed to contain the information required by the 
Registrar or there is furnished to the Registrar a memorandum by 
or on behalf of the person presenting the document for registration 
setting out the information required by the Registrar.
RSA 1980 cL-5 s49;1988 c27 s23
Transfer of ownership 
46   On a transfer of ownership, the certificate of title of the 
transferor shall be cancelled in respect of the land transferred and a 
new certificate of title shall be issued to the transferee.
RSA 1980 cL-5 s50;1988 c27 s24;1999 c10 s10
Registration of trusts 
47   No memorandum or entry shall be made, on a certificate of 
title, of any notice of trusts, whether expressed, implied or 
constructive, but the Registrar shall treat any instrument containing 
any such notice as if there were no trust, and the trustee or trustees  
named in the instrument are deemed to be the absolute and 
beneficial owners of the land for the purposes of this Act.
RSA 1980 cL-5 s51;1999 c10 s11
Registration of restrictive covenant
48(1)  There may be registered as annexed to any land that is being 
or has been registered, for the benefit of any other land that is being 
or has been registered, a condition or covenant that the land, or any 
specified portion of the land, is not to be built on, or is to be or not 
to be used in a particular manner, or any other condition or 
covenant running with or capable of being legally annexed to land.
(2)  When any such condition or covenant is presented for 
registration, the Registrar shall enter a memorandum of it on the 
proper certificate or certificates of title.
(3)  Notwithstanding subsection (2), before a memorandum of a 
condition or covenant may be entered on a certificate of title under 
subsection (2), certificates of title must exist for all the parcels of 
land affected by the condition or covenant, including the parcel of 
land that comprises the servient tenement and the parcel of land 
that comprises the dominant tenement.
(4)  The first owner, and every transferee, and every other person 
deriving title from the first owner or through tax sale proceedings, 
is deemed to be affected with notice of the condition or covenant, 
and to be bound by it if it is of such nature as to run with the land, 
but any such condition or covenant may be modified or discharged 
by order of the court, on proof to the satisfaction of the court that 
the modification will be beneficial to the persons principally 
interested in the enforcement of the condition or covenant or that 
the condition or covenant conflicts with the provisions of a land use 
bylaw or statutory plan under Part 17 of the Municipal Government 
Act, and the modification or discharge is in the public interest.
(5)  The entry on the register of a condition or covenant as running 
with or annexed to land does not make it run with the land, if the 
covenant or condition on account of its nature, or of the manner in 
which it is expressed, would not otherwise be annexed to or run 
with the land.
(6)  No such condition or covenant is deemed to be an 
encumbrance within the meaning of this Act.
RSA 1980 cL-5 s52;1988 c27 s25;1994 cM-26.1 s642(35); 
1995 c24 s100;1999 c10 s12
Unit operation 
49(1)  In this section, "unit operation" means an operation where, 
pursuant to an agreement, interests in a mineral are merged, pooled, 
consolidated or integrated as a single unit, without regard to the 
boundaries of the separate parcels, for the purposes of
	(a)	the development or production of the mineral within, on 
or under the parcels, or any specified stratum or strata or 
portion thereof within the parcels, or
	(b)	the implementing of a program for the conservation of the 
mineral, or the co-ordinated management of interests in 
the mineral.
(2)  If a person enters into an agreement for a unit operation, that 
person may file a copy of that agreement with the Registrar.
(3)  When an agreement is filed with the Registrar under subsection 
(2), the Registrar shall endorse a memorandum of that agreement 
on the certificates of title of all the land specified in the agreement 
as being subject to the unit operation.
(4)  Where there is filed with the Registrar
	(a)	a discharge in respect of an agreement for a unit operation 
that
	(i)	is executed by the person who is the unit operator, 
and
	(ii)	specifies the land to which the discharge applies,
		and
	(b)	an affidavit of the unit operator stating
	(i)	that the unit operator is the unit operator for the 
agreement,
	(ii)	that the unit operator has the authority pursuant to the 
agreement or a collateral agreement to discharge the 
agreement in respect of the land specified in the 
discharge, and
	(iii)	that the unit operator has given notice of the intention 
to effect a discharge to the parties that will be 
affected by the discharge,
the Registrar shall, in accordance with the discharge, cancel the 
registration of the agreement for the unit operation in respect of the 
land specified in the discharge.
RSA 1980 cL-5 s53;1988 c27 s26
Formalities in instrument 
50(1)  The Registrar shall decide whether any instrument or caveat 
presented to the Registrar for registration is substantially in 
conformity with the proper prescribed form or not and may reject 
any instrument or caveat that the Registrar decides for any reason 
to be unfit for registration.
(2)  When an instrument or caveat is presented to the Registrar for 
registration subject to any condition, the Registrar shall reject the 
instrument or caveat for registration if the condition is not satisfied 
at the time the instrument or caveat would otherwise be registered.
(3)  The Registrar may reject any document submitted for filing or 
registration which is in the Registrar's opinion for any reason 
unsuitable to be duplicated pursuant to section 19.
RSA 1980 cL-5 s54;1988 c27 s27
Land identification number
51(1)  The Registrar may assign to a parcel of land a number for 
the purpose of facilitating the identification of the parcel in records, 
registers and instruments.
(2)  The Registrar may require the number assigned under 
subsection (1) to be set out as part of the description of land.
1988 c27 s28
Undivided fractional interest in minerals 
52   The Registrar may refuse to accept for registration any 
instrument transferring, encumbering, charging or otherwise 
disposing of an undivided fractional interest in a parcel of land 
containing mines and minerals, or any mineral, and being less than 
an undivided 1/20 of the whole interest in mines or minerals, or in 
any mineral contained in that parcel of land.
RSA 1980 cL-5 s55
Necessity of registration 
53   After a certificate of title has been granted for any land, no 
instrument is effectual to pass any estate or interest in that land 
(except a leasehold interest for 3 years or for a less period) or to 
render that land liable as security for the payment of money, unless 
the instrument is executed in accordance with this Act and is 
registered under this Act, but on the registration of any such 
instrument in the manner hereinbefore prescribed the estate or 
interest specified in the instrument passes or, as the case may be, 
the land becomes liable as security in manner and subject to the 
covenants, conditions and contingencies set out and specified in the 
instrument or by this Act declared to be implied in instruments of a 
like nature.
RSA 1980 cL-5 s56
Effect of registration 
54   So soon as registered every instrument becomes operative 
according to its tenor and intent, and on registration creates, 
transfers, surrenders, charges or discharges, as the case may be, the 
land or the estate or interest in the land or estate mentioned in the 
instrument.
RSA 1980 cL-5 s57
Expropriation 
55   On the registration of a certificate of approval under the 
Expropriation Act, the Registrar shall cancel the registration of the 
notice of intention to expropriate respecting the land to which the 
certificate applies that had been filed by the expropriating 
authority.
RSA 1980 cL-5 s58
Priority of registration 
56   Instruments registered in respect of or affecting the same land 
have priority the one over the other according to section 14 and not 
according to the date of execution.
RSA 1980 cL-5 s59
Effect of Registration
Implied covenants 
57   In every instrument transferring, encumbering or charging 
land for which a certificate of title has been granted, there shall be 
implied the following covenant by the transferor or encumbrancer: 
That the transferor or encumbrancer will do any acts and execute 
any instruments that in accordance with this Act are necessary to 
give effect to all covenants, conditions and purposes expressly set 
out in the instrument or by this Act declared to be implied against 
that person in instruments of a like nature.
RSA 1980 cL-5 s61
Implied covenants in transfer 
58(1)  In every instrument transferring land for which a certificate 
of title has been granted, subject to mortgage or encumbrance, 
there shall be implied the following covenant by the transferee both 
with the transferor and the mortgagee: That the transferee will pay 
the principal money, interest, annuity or rent charge secured by the 
mortgage or encumbrance, after the rate and at the time specified in 
the instrument creating it, and will indemnify and keep harmless 
the transferor from and against the principal sum or other money 
secured by the instrument and from and against the liability in 
respect of any of the covenants contained in the instrument or 
under this Act implied on the part of the transferor.
(2)  If a transferee declines to register any such transfer, the 
transferor or the mortgagee may by notice call on the transferee or 
any other person or persons that a judge may direct to show cause 
why it should not be registered, and on the return of the notice the 
judge may order the registration of the transfer within a time named 
or make any further or other order and on any terms as to costs and 
otherwise that to the judge seem proper.
RSA 1980 cL-5 s62
Negation and modification of implied covenants 
59(1)  Every covenant and power declared to be implied in any 
instrument by virtue of this Act may be negatived or modified by 
express declaration in the instrument.
(2)  In an action for a supposed breach of any such covenant, the 
covenant alleged to be broken may be set out and it may be alleged 
that the party against whom the action is brought did so covenant, 
precisely in the same manner as if the covenant had been expressed 
in words in the transfer or other instrument, any law or practice to 
the contrary notwithstanding.
(3)  Every such implied covenant has the same force and effect and 
is enforceable in the same manner as if it had been set out at length 
in the transfer or other instrument.
(4)  When any transfer or other instrument in accordance with this 
Act is executed by more parties than one, the covenants that are by 
this Act to be implied in instruments of a like nature shall be 
construed to be several and not to bind the parties jointly.
RSA 1980 cL-5 s63
Obligation affecting land 
60(1)  The owner of land in whose name a certificate of title has 
been granted shall, except in case of fraud in which the owner has 
participated or colluded, hold it, subject (in addition to the 
incidents implied by virtue of this Act) to the encumbrances, liens, 
estates and interests that are endorsed on the certificate of title, 
absolutely free from all other encumbrances, liens, estates or 
interests whatsoever except the estate or interest of an owner 
claiming the same land under a prior certificate of title granted 
under this Act or granted under any law heretofore in force and 
relating to title to real property.
(2)  Such priority shall, in favour of any person in possession of 
land, be computed with reference to the grant or earliest certificate 
of title under which the person claiming priority or any person 
through whom that person derives title has held possession.
RSA 1980 cL-5 s64;1988 c27 s29
Implied conditions 
61(1)  The land mentioned in any certificate of title granted under 
this Act is, by implication and without any special mention in the 
certificate of title, subject to
	(a)	any subsisting reservations or exceptions, including 
royalties, contained in the original grant of the land from 
the Crown,
	(b)	all unpaid taxes, including irrigation charges and drainage 
district rates,
	(c)	any public highway or right of way or other public 
easement, howsoever created, on, over or in respect of the 
land,
	(d)	any subsisting lease or agreement for a lease for a period 
not exceeding 3 years, if there is actual occupation of the 
land under the lease or agreement,
	(e)	any right of expropriation that may by statute be vested in 
any person or corporation or Her Majesty, and
	(f)	any right of way or other easement granted or acquired 
under any Act or law in force in Alberta.
(2)  Land mentioned in a certificate of title issued under Part 10 of 
the Municipal Government Act or Part 6 of the Irrigation Districts 
Act or in a certificate of title based on a foreclosure order, 
notwithstanding any other Act is, by implication and without any 
special mention in the certificate of title, subject to
	(a)	any easement or incorporeal right, a memorandum of 
which has been made under section 67, 69 or 70,
	(b)	any instrument registered under section 69(4),
	(c)	any condition or covenant running with or annexed to the 
land and registered under section 48,
	(d)	any caveat protecting any such easement, incorporeal 
right, condition or covenant, duly filed, and
	(e)	a notice endorsed pursuant to section 11 of the City 
Transportation Act,
if the registration, endorsement or filing, as the case may be, was 
made prior to the registration of the judge's adjudication on the 
enforcement return under the Irrigation Districts Act or to the date 
of registration of the mortgage with respect to which a foreclosure 
order was made, as the case may be.
RSA 2000 cL-4 s61;RSA 2000 cD-16 s79
Certificate as evidence of title 
62(1)  Every certificate of title granted under this Act (except in 
case of fraud in which the owner has participated or colluded), so 
long as it remains in force and uncancelled under this Act, is 
conclusive proof in all courts as against Her Majesty and all 
persons whomsoever that the person named in the certificate is 
entitled to the land included in the certificate for the estate or 
interest specified in the certificate, subject to the exceptions and 
reservations mentioned in section 61, except so far as regards any 
portion of land by wrong description of boundaries or parcels 
included in the certificate of title and except as against any person 
claiming under a prior certificate of title granted under this Act or 
granted under any law heretofore in force relating to titles to real 
property in respect of the same land.
(2)  For the purpose of this section, that person is deemed to claim 
under a prior certificate of title who is holder of or whose claim is 
derived directly or indirectly from the person who was the holder 
of the earliest certificate of title granted, notwithstanding that the 
certificate of title has been surrendered and a new certificate of title 
has been granted on any transfer or other instrument.
RSA 1980 cL-5 s66
Omission to send notice 
63   A purchaser, mortgagee or encumbrancee for valuable 
consideration is not affected by the omission to send any notice by 
this Act directed to be given or by the non-receipt of that notice.
RSA 1980 cL-5 s67
Transfers
Transfers 
64(1)  When land for which a certificate of title has been granted is 
intended to be transferred, the owner may execute a transfer in the 
prescribed form.
(2)  When land for which a certificate of title has been granted is 
intended to be made subject to a right of way or other easement, the 
registered owner may execute an instrument granting the easement 
or right of way in the prescribed form.
(3)  A transfer made pursuant to subsection (1) or an instrument 
made pursuant to subsection (2) shall
	(a)	give a description of the land that is sufficient to identify 
it, and
	(b)	contain an accurate statement of the estate or interest 
intended to be transferred or created.
RSA 1980 cL-5 s68;1982 c23 s6;1988 c27 s31
Registration of transfer affecting joint tenancy 
65   The Registrar shall not register a transfer that has the effect of 
severing a joint tenancy unless
	(a)	the transfer is executed by all the joint tenants,
	(b)	all the joint tenants, other than those executing the 
transfer, give their written consent to the transfer, or
	(c)	the Registrar is provided with evidence satisfactory to the 
Registrar that all the joint tenants who have not executed 
the transfer or given their written consent to the transfer 
have by
	(i)	personal service, or
	(ii)	substitutional service pursuant to a court order,
		been given written notice of the intention to register the 
transfer.
1985 c48 s2(15)
Transfer of Crown land 
66(1)  When land for which a certificate of title has been granted to 
the Crown in right of Alberta is intended to be transferred, or any 
right of way or other easement is intended to be created or 
transferred, a Minister of the Crown or any person authorized by 
statute or by order in council to do so may execute a transfer in the 
prescribed form or to the like effect.
(2)  If subsection (1) applies, it is not necessary for the Crown or an 
agent of the Crown to make and subscribe an oath or affirmation 
required by the transferor of land under section 164 of this Act or 
any affidavit or certificate required by the Dower Act.
RSA 1980 cL-5 s69
Memorandum of easements on certificate 
67   When an easement or an incorporeal right in or over land for 
which a certificate of title has been granted is created for the 
purpose of being annexed to or used and enjoyed together with 
other land for which a certificate of title has also been granted, the 
Registrar shall make a memorandum of the instrument creating the 
easement or incorporeal right on the existing certificates of title of 
the dominant and servient tenements respectively.
RSA 1980 cL-5 s70;1988 c27 s32
Grant of easement, etc. by owner to himself or herself
68(1)  An owner may grant to himself or herself an easement or 
restrictive covenant for the benefit of land that the owner owns and 
against land that the owner owns and the easement or restrictive 
covenant may be registered under this Act.
(2)  When the dominant and servient tenements are registered in the 
name of the same person, an easement under subsection (1) is not 
merged by reason of the common ownership.
RSA 1980 cL-5 s71
Utility right of way 
69(1)  If the registered owner of land grants to the Crown or a 
corporation a right on, over or under the land for
	(a)	carrying, laying, constructing, maintaining or using 
conduits, cables, wires, poles or transmission lines,
	(b)	laying, constructing, maintaining and operating pipelines 
for the transmission, transportation or conduct of any 
substance,
	(c)	conveying water,
	(d)	drainage, irrigation, flooding or erosion,
	(e)	disposing of sewage,
	(f)	constructing or maintaining a public work,
	(g)	constructing, maintaining and operating a railway, street 
railway or light rail transit, or
	(h)	constructing, maintaining and operating a temporary 
roadway,
the instrument granting the right may be registered under this Act.
(2)  The Crown or a corporation as a registered owner may grant to 
itself a right for any purpose described in subsection (1).
(3)  On registration, the grantee has the right to use the land in 
accordance with the terms of the grant and that right runs with the 
land notwithstanding that the benefit of the right is not appurtenant 
or annexed to any land of the grantee.
(4)  An instrument purporting to transfer, mortgage or encumber 
any right granted by an instrument registered under subsection (1) 
and executed by or on behalf of the grantee may be registered 
under this Act.
(5)  The grantee may at any time, by an instrument to that effect 
registered under this Act, surrender the right granted by an 
instrument registered under subsection (1).
(6)  Notwithstanding subsection (5), a right that is subject to a 
mortgage or encumbrance shall not be surrendered unless the 
surrender is consented to by the mortgagee or encumbrancee.
RSA 1980 cL-5 s72;1985 c48 s2(16)
Rights of way on closed roads 
70(1)  When an authority requests the Registrar to issue a 
certificate of title for land that comprised a public road that the 
authority has permanently closed, the authority shall notify the 
Registrar of the particulars of any right granted under section 69 
that
	(a)	existed in respect of that land immediately before that 
land became a public road, and
	(b)	would still exist in respect of that land if the land had not 
become a public road.
(2)  On being notified under subsection (1), the Registrar shall 
enter on the certificate of title a memorandum of the instrument 
relating to the right in respect of which the notice was given.
(3)  The entering of a memorandum on a certificate of title under 
subsection (2) revives the right effective on the day that the 
memorandum is entered on the certificate of title.
1985 c48 s2(16)
Party wall agreement 
71(1)  In this section, "party wall agreement" includes a 
declaration registered under subsection (3).
(2)  A party wall agreement entered into by persons who are 
registered owners of adjoining parcels of land
	(a)	declaring certain existing walls or walls that are to be 
constructed on those parcels to be party walls, and
	(b)	setting out the rights, privileges, easements and covenants 
that exist in respect of the party walls,
may be registered.
(3)  A person who is the registered owner of adjoining parcels of 
land may register a declaration
	(a)	declaring certain existing walls or walls that are to be 
constructed on those parcels to be party walls, and
	(b)	setting out the rights, privileges, easements and covenants 
that exist in respect of the party walls.
(4)  When land under this Act is subject to, or has as appurtenant to 
it, or enjoyed with it, any rights, privileges, easements and 
covenants under a party wall agreement, those rights, privileges, 
easements and covenants are deemed to run with the land.
1985 c48 s2(16)
Encroachment agreement 
72(1)  An encroachment agreement executed by the registered 
owner of a parcel of land to permit the encroachment of 
improvements made on an adjoining parcel of land
	(a)	may be registered against the parcels of land affected by 
that agreement, and
	(b)	after registration shall be binding on and enures to the 
benefit of all persons subsequently acquiring interests in 
the parcels of land affected by that agreement to the same 
extent as if it were an easement.
(2)  Notwithstanding subsection (1), before an encroachment 
agreement may be registered against a parcel of land under 
subsection (1)(a), certificates of title must exist for all parcels of 
land affected by the agreement, including the parcel of land that is 
subject to the encroachment and the parcel of land that is to benefit 
from the encroachment.
1985 c48 s2(16);1999 c10 s13
Cancellation of certain encumbrances
73(1)  The Registrar shall cancel the registration in whole or in part 
of an easement, a restrictive covenant, a party wall agreement or an 
encroachment agreement on production of a discharge in the 
prescribed form signed by the registered owner of the dominant 
tenement.
(2)  The Registrar may, on application by an owner of land that is 
affected by an instrument referred to in subsection (1), cancel the 
registration of that instrument in whole or in part if the Registrar is 
satisfied that the interest created by the instrument has expired 
through the passage of time in accordance with an express 
provision in the instrument.
1985 c48 s2(16);1988 c27 s33;1996 c32 s5(10)
Registration of judgment quieting title, etc.
74(1)  Any person recovering against a registered owner of land a 
judgment declaring that the person recovering the judgment is 
entitled to the exclusive right to use the land or that the person 
recovering the judgment be quieted in the exclusive possession of 
the land, pursuant to the Limitation of Actions Act, RSA 1980 
cL-15, may file a certified copy of the judgment in the Land Titles 
Office.
(2)  Subject to section 191, the Registrar shall
	(a)	enter on the certificate of title a memorandum cancelling 
the certificate of title, in whole or in part, according to the 
terms of the judgment, and
	(b)	issue a new certificate of title to the person recovering the 
judgment.
RSA 1980 cL-5 s74;1985 c48 s2(17);1996 c32 s5(11)
Transfers
New certificates re consolidations, etc.
75(1)  On the application by or on behalf of the registered owner of 
land, the Registrar may separate or consolidate parcels or interests 
in land by cancelling the existing certificate of title for that parcel 
or interest and issuing in substitution for that certificate of title one 
or more new certificates of title.
(2)  Where an application is made under subsection (1)
	(a)	for the purpose of consolidating 2 adjacent parcels of land 
into one certificate of title, and
	(b)	one of the parcels included in the consolidation was
	(i)	formerly
	(A)	a public road, right of way, drainage ditch or 
canal, or
	(B)	the bed and shore of a body of water,
			or
	(ii)	transferred to or vested in the registered owner to 
accommodate an encroachment or rights to exclusive 
possession,
all encumbrances registered or caveated against the other parcel 
immediately prior to the application are deemed to apply to all the 
land comprised in the consolidated parcel.
1988 c27 s36;1999 c10 s14
Registration of instrument, etc. re Municipal Government Act 
76(1)  No instrument or caveat shall be registered in contravention 
of Part 17 of the Municipal Government Act or the regulations 
made under that Part.
(2)  Notwithstanding subsection (1), if a registration of an 
instrument or caveat is made in contravention of subsection (1), 
that registration ceases to be voidable when any person has in good 
faith acquired rights for value in the subdivided land.
1988 c27 s36;1995 c24 s100
Illustration of plan of survey 
77(1)  A plan of survey shall not be registered unless the plan of 
survey
	(a)	illustrates and represents the survey as made on the 
ground in accordance with the Surveys Act,
	(b)	is prepared
	(i)	to the satisfaction of the Registrar, so that it contains 
the information and details that the Registrar 
considers appropriate, and
	(ii)	on a medium or material or in a digital format 
approved by the Registrar,
	(c)	states the purpose of the survey, and
	(d)	is certified in the prescribed form.
(2)  The illustration of a survey made under subsection (1)(a) shall 
include
	(a)	the position and nature of all survey monuments found 
and placed in the course of the survey,
	(b)	subject to subsection (3), the original boundary lines of 
any parcel of land affected by the survey and any 
boundary line established by the survey, and
	(c)	a sufficient number of measurements,
as is necessary to enable the position of the parcels established by 
the survey to be located on the ground.
(3)  If, in the opinion of the Registrar, it is not necessary to show all 
of the original boundaries of a parcel of land in order to determine 
the position of the land intended to be dealt with, it is sufficient to 
show only the information in regard to the boundaries that the 
Registrar determines to be necessary.
1988 c27 s36;1996 c32 s5(12);1999 c6 s10;1999 c10 s15
Requirements re plan 
78   Notwithstanding anything in this or any other Act, where a 
plan is required to be signed, consented to or certified or otherwise 
endorsed, the Registrar may instead require that the signature, 
consent, certificate or endorsement be executed or otherwise 
placed, in a manner acceptable to the Registrar, on an attachment 
that references the plan.
1988 c27 s36;1999 c10 s16
Requirements for registration
79(1)  Before a plan is registered, amended, altered or corrected the 
Registrar may do one or more of the following:
	(a)	require a written explanation of
	(i)	any apparent discrepancy between the plan and the 
description of the land in the register or any former 
plan, or
	(ii)	any other matter shown on or affecting the plan,
		that in the Registrar's opinion requires an explanation;
	(b)	require the plan of survey to be submitted to the Director 
of Surveys for confirmation that the survey as represented 
by the plan complies with the requirements of the Surveys 
Act;
	(c)	require the Director of Surveys to cause the survey as 
illustrated on the plan to be verified on the ground.
(2)  The registration of a plan under this Act does not relieve the 
Alberta land surveyor who conducted the survey and prepared the 
plan from any liability for damages suffered by any person as a 
consequence of the survey or the registration of the plan.
1988 c27 s36
Survey re transfer 
80(1)  Where the owner of land or a person who claims an interest 
in land desires to transfer or otherwise deal with the land or 
interest, the Registrar may, before registering any instrument or 
caveat to transfer or deal with the land, require the owner or other 
person
	(a)	to have the land surveyed by an Alberta land surveyor, 
and
	(b)	to submit for registration a plan of survey signed by the 
owner or the other person.
(2)  No instrument or caveat shall be registered with respect to the 
land referred to in subsection (1) until the owner or other person 
has complied with the Registrar's requirements under subsection 
(1).
1988 c27 s36
Registration of plan of survey 
81(1)  A plan of survey prepared in respect of land may be 
registered, where the land is required for one or more of the 
following:
	(a)	an easement or a right of way;
	(b)	a purpose incidental to the undertaking for which a right 
of way is required;
	(c)	a purpose with respect to a railway;
	(d)	another purpose approved by the Registrar and not 
otherwise referred to in this Act.
(2)  A plan referred to in subsection (1) shall be signed by the 
person who requested the plan of survey to be made.
(3)  The registration of a plan under this section does not
	(a)	affect the title to the land shown on the plan, or
	(b)	convey any interest or right to any person.
1988 c27 s36
Plan of survey re public works, etc. 
82(1)  When
	(a)	a notification or a plan of survey that is prepared in 
respect of a public work under the Public Works Act or the 
Municipal Government Act, or
	(b)	a certificate of approval that is prepared in respect of 
works to which the Expropriation Act applies,
is submitted for registration, the Registrar shall act under 
subsection (2).
(2)  When subsection (1) applies, the Registrar shall
	(a)	register the notification, plan or certificate that is 
submitted for registration,
	(b)	make the necessary endorsements on or cancellations of 
the appropriate certificates of title, and
	(c)	issue, when appropriate, free of all encumbrances, a new 
certificate of title for the area taken in accordance with the 
notification, plan or certificate.
(3)  Notwithstanding subsection (2)(c), where
	(a)	the area taken consists of a public highway, road, street or 
lane, and
	(b)	a plan of survey referred to in subsection (1)(a) has been 
submitted for registration in respect of the area taken,
a certificate of title shall not be issued with respect to that area.
(4)  Where an instrument is registered under subsection (2), that 
registration vests the interest taken in the Crown in right of Alberta 
or in a municipality or other authority, as the case may be, but does 
not affect the right of a person who held an interest in the land to 
compensation for that interest.
(5)  The Crown, municipality or other authority is not entitled to 
any mines or minerals in land vested in it under this section, and 
the title to the mines and minerals is not affected by the registration 
of a notification, plan of survey or certificate of approval, unless 
the mines and minerals are expressly acquired by the Crown, 
municipality or other authority, as the case may be.
(6)  For the purpose of excepting an area that is required for a 
public work from a certificate of title as the certificate of title is 
issued when land is granted by the Crown, the Registrar may 
accept for registration a plan prepared by the Director of Surveys 
showing the area affected by the public work.
1988 c27 s36;1996 c32 s5(13);1999 c10 s17
Plan of survey re transfer, etc.
83(1)  A registered owner who desires to transfer or otherwise deal 
with land described in a certificate of title may
	(a)	have the boundaries of the land surveyed by an Alberta 
land surveyor, and
	(b)	submit for registration a plan of survey of the land.
(2)  A plan of survey that is submitted for registration under this 
section must be signed by the registered owner of the land.
(3)  On registration of the plan of survey, the Registrar shall cancel 
the existing certificate of title and issue to the registered owner a 
new certificate of title to the land as shown on the plan.
1988 c27 s36;1999 c10 s18
Plan of survey re subdivision 
84(1)  A plan of survey subdividing land may be registered.
(2)  A plan of subdivision that is submitted for registration shall
	(a)	be signed by the registered owner of the land except in the 
case of land included in a plan of subdivision referred to 
in section 85(2)(a),
	(b)	show the numbers or letters of the parcels illustrated on 
the plan, and
	(c)	show all public roadways and other areas dedicated or set 
apart for public purposes and indicate the courses and 
width of each of them.
(3)  The registration under this section of a plan of subdivision 
vests title, free of all encumbrances, to all land
	(a)	that is shown on the plan as
	(i)	an environmental reserve or municipal reserve, or
	(ii)	a public utility parcel,
		in the municipality in which the land is situated, or in the 
Crown in right of Alberta in the case of land that is 
situated in an improvement district or special area,
	(b)	that is shown on the plan as a school reserve, in the school 
authority as defined in Part 17 of the Municipal 
Government Act, or
	(c)	that is shown on the plan as a municipal and school 
reserve,
	(i)	in the school authority as defined in Part 17 of the 
Municipal Government Act and the municipality, or
	(ii)	in the school authority as defined in Part 17 of the 
Municipal Government Act and the Crown in right of 
Alberta in the case of land that is situated in an 
improvement district or special area.
(4)  The registration of a plan of subdivision does not affect the title 
to mines and minerals in the land affected by the plan.
(5)  On registration of a plan of subdivision under this section, the 
Registrar shall
	(a)	cancel the existing certificate of title, except as to mines 
and minerals,
	(b)	issue new certificates of title to the parcels as shown on 
the plan, including the reserves and public utility parcels 
referred to in subsection (3), and
	(c)	not issue a certificate of title in respect of land that is 
shown on the plan as a public highway, road, street or 
lane.
1988 c27 s36;1995 c24 s100
Signatures of encumbrancees
85(1)  A plan that has the effect of subdividing land shall be signed 
by each person shown on the certificate of title for the land 
included in the plan as having an interest pursuant to a registered 
instrument or caveat, other than
	(a)	a mortgage of a utility right of way,
	(b)	a restrictive covenant,
	(c)	a zoning restriction, or
	(d)	a writ of enforcement,
if the interest is affected by the subdivision.
(2)  Subsection (1) does not apply to the following:
	(a)	a plan of subdivision prepared pursuant to a land 
boundary adjustment scheme for The Municipality of 
Crowsnest Pass under the Municipal Government Act;
	(b)	a plan of subdivision, other than a condominium plan or 
strata space plan, in which there is no dedication of land 
for any public purposes.
(3)  A person whose signature is required on a plan under 
subsection (1) may, instead of signing the plan, sign a consent in 
the prescribed form.
(4)  If for any reason a signature required under this section cannot 
be obtained, an application by originating notice may be made to 
the court for an order dispensing with the signature on any terms 
and conditions that the court may impose.
1988 c27 s36;1994 cC-10.5 s134;1994 cM-26.1 s642(35);1995 c24 s100
Strata space
86(1)  In this section, "strata space" means volumetric space, 
whether it is
	(a)	located below or above or below and above the surface of 
the land, or
	(b)	occupied in whole or in part by any structure,
and that is shown as strata space on a strata space plan.
(2)  A registered owner subdividing volumetric space, other than 
mines and minerals lying on or under the surface of the land, into 
strata spaces shall present a plan of survey to the Registrar for 
registration under this Act.
(3)  Volumetric space shall not be subdivided into strata spaces 
unless the land in relation to which the subdivision is to be made is 
shown as a single parcel on a plan of survey registered under this 
Act.
(4)  The boundaries of a strata space
	(a)	may consist of vertical, horizontal or inclined planes or 
curved surfaces that are satisfactory to the Registrar, and
	(b)	shall conform to or lie within the boundaries of the single 
parcel referred to in subsection (3).
(5)  A strata space plan shall
	(a)	show
	(i)	the boundaries of the volumetric space that is to be 
subdivided into strata spaces, and
	(ii)	the boundaries of each strata space,
	(b)	include a diagram to scale of the survey of the perimeter 
of the land affected,
	(c)	have noted on it the elevation of each corner or angle of 
the strata spaces in relation to monuments of known 
elevation or survey control markers in accordance with 
the Surveys Act,
	(d)	assign a suitable letter or number to each strata space and 
designate each space as a strata space,
	(e)	be signed by the registered owner of the land, and
	(f)	show any other details that the Registrar may require.
(6)  On registration of the strata space plan, the Registrar shall 
cancel the existing certificate of title to the extent necessary and 
issue new certificates of title to the strata spaces shown on the 
strata space plan.
1988 c27 s36
Statutory plan 
87(1)  A plan prepared in accordance with
	(a)	an Act of the Parliament of Canada, or
	(b)	an Act of the Legislature of Alberta,
that is deposited, filed or registered with the Registrar in 
accordance with that Act shall be dealt with and recognized by the 
Registrar insofar as it is capable of being dealt with and recognized 
under this Act.
(2)  A plan that is to be deposited, filed or registered with the 
Registrar pursuant to another Act of the Legislature of Alberta 
must be prepared in a manner that is satisfactory to the Registrar 
notwithstanding the provisions of that other Act.
1988 c27 s36
Registration of descriptive plans 
88(1)  The Registrar may
	(a)	cause a plan that illustrates boundaries to be prepared and 
registered in respect of a parcel of land described in a 
certificate of title, or
	(b)	permit a plan that is not a plan of survey to be registered if 
the Registrar
	(i)	is satisfied that the circumstances do not justify the 
preparation of a plan of survey, and
	(ii)	has given the Registrar's prior approval to the plan's 
being prepared.
(2)  If a plan referred to in subsection (1)(b) has the effect of 
subdividing land, it shall not include
	(a)	more than 2 parcels of land, or
	(b)	any land dedicated for public purposes.
(3)  A plan prepared under subsection (1) shall
	(a)	be styled as a "descriptive plan",
	(b)	be prepared in a manner and on a medium or material that 
is satisfactory to the Registrar,
	(c)	contain sufficient detail so that, in the opinion of the 
Registrar, the parcel boundaries can be ascertained from 
the plan, and
	(d)	if the plan was prepared under subsection (1)(b), be 
signed by
	(i)	an Alberta land surveyor, and
	(ii)	any other person whose signature would be required 
if the plan were a plan of survey.
(4)  When a descriptive plan is registered under subsection (1)(a), 
the Registrar shall
	(a)	cancel the existing certificate of title and issue a new 
certificate of title to the parcel as shown on the plan, and
	(b)	notify the registered owner and all other persons having a 
registered or caveated interest in the parcel that the 
description of the parcel has been changed.
(5)  When a descriptive plan is registered under subsection (1)(b), 
the Registrar shall deal with the plan as if it were a plan of survey.
1988 c27 s36
Change in natural boundary 
89(1)  Where a parcel of land that adjoins land owned by the 
Crown in right of Alberta has a natural boundary, the Registrar, on 
application by the registered owner of the parcel or the Crown, may 
amend the description of the parcel to reflect the current location of 
the natural boundary.
(2)  Where a parcel of land
	(a)	had adjoined land owned by the Crown in right of Alberta, 
and
	(b)	had a natural boundary that no longer exists,
the Registrar, on application by the registered owner of the parcel, 
may amend the description of the parcel to reflect the 
non-existence of the natural boundary.
(3)  An application under subsection (1) or (2) shall be 
accompanied
	(a)	in the case where the natural boundary still exists, with a 
plan of survey or other evidence satisfactory to the 
Registrar showing the location of the natural boundary,
	(b)	in the case where the natural boundary no longer exists, 
with evidence satisfactory to the Registrar of the 
non-existence of the natural boundary,
	(c)	with the consent of the Minister charged with the 
administration of the adjoining land or a person 
authorized by the Minister, where the Crown is not the 
applicant, and
	(d)	with the consent of the registered owners of parcels that 
may be adversely affected by the amendment of the 
description.
1988 c27 s36
Actual area of land 
90   Every parcel of land described in a certificate of title consists 
only of the actual area within its legal boundaries and no more or 
less, notwithstanding that a certificate of title or other instrument 
that describes the parcel expresses an area that is more or less than 
the actual area.
1988 c27 s36
Application to vary plan 
91(1)  A court may, on application and on hearing the persons to 
whom notice of the application was given,
	(a)	order a plan to be cancelled, in whole or in part, amended, 
altered or corrected, and
	(b)	make any order with respect to the vesting or revesting of 
any land included in the plan,
on any terms or conditions as to costs and otherwise as the court 
considers proper.
(2)  An application for an order under subsection (1) may be made 
by
	(a)	a person who caused a plan to be registered,
	(b)	a person deriving title to or some other interest in any land 
shown on a plan,
	(c)	an Alberta land surveyor who signed a plan, or
	(d)	the Registrar.
(3)  Notice of the application referred to in subsection (2) shall be 
served on those persons and in any manner that the court directs.
1988 c27 s36
Correction of registered plan
92   When there is an omission, clerical error or other defect in a 
registered plan, the Registrar may correct the plan if
	(a)	the Registrar is satisfied that the correction will not 
adversely affect any person, or
	(b)	where the correction may adversely affect a person, that 
person has consented to the correction,
and the Alberta land surveyor who signed the plan or, if the Alberta 
land surveyor is not available, the Director of Surveys has 
consented to the correction.
1988 c27 s36
Change of legal description 
93(1)  The Registrar may change the legal description assigned to a 
parcel of land if
	(a)	the Registrar is satisfied that the change will not adversely 
affect any person, and
	(b)	the change does not alter the boundaries of the parcel.
(2)  On making a change under subsection (1), the Registrar shall 
notify the registered owner and all other persons having a 
registered or caveated interest in the parcel that the description of 
the parcel has been changed.
1988 c27 s36
Sale of subdivided land 
94(1)  No lots shall be sold under agreement for sale or otherwise 
according to any townsite or subdivision plan until a plan creating 
the lots has been registered.
(2)  A person who contravenes subsection (1) is guilty of an 
offence.
(3)  No party to a sale or agreement for sale is entitled in a civil 
action or proceeding to rely on or plead the provisions of this 
section
	(a)	if the plan of subdivision by reference to which the sale or 
agreement for sale was made is registered when the action 
or proceeding is commenced, or
	(b)	if, pursuant to the arrangement between the parties, it was 
the duty of the party who seeks to rely on or plead the 
provisions of this section to cause the plan of subdivision 
to be registered.
1988 c27 s36
Leases
Requirements of lease
95(1)  When land for which a certificate of title has been granted is 
intended to be leased or demised for a life or lives, or for a term of 
more than 3 years, the owner shall execute a lease, in the 
prescribed form.
(2)  A lease made pursuant to subsection (1) shall give a 
description of the leased land that is sufficient to identify the land.
(3)  A right for the lessee to purchase the land described in the 
instrument may be stipulated in the instrument, and if the lessee 
pays the purchase money stipulated, and otherwise observes the 
lessee's covenants expressed and implied in the instrument, the 
lessor is bound to execute a transfer to the lessee of the land, and to 
perform all necessary acts by this Act prescribed for the purpose of 
transferring the land to the purchaser.
(4)  No such lease of mortgaged or encumbered land is valid and 
binding against the mortgagee or encumbrancee unless the 
mortgagee or encumbrancee has consented to the lease prior to its 
being registered, or subsequently adopts it.
RSA 1980 cL-5 s98;1988 c27 s37
Covenants implied in lease 
96   In every lease referred to in section 95 other than a lease that 
is subject to the Residential Tenancies Act or the Mobile Home 
Sites Tenancies Act, there shall be implied the following covenants 
by the lessee, unless a contrary intention appears in the lease:
	(a)	that the lessee will pay the rent reserved by the lease at the 
times mentioned in the lease, and all rates and taxes that 
may be payable in respect of the demised land during the 
continuance of the lease;
	(b)	that the lessee will at all times during the continuance of 
the lease keep and at the termination of the lease yield up 
the demised land in good and tenantable repair, accidents 
and damage to buildings from fire, storm and tempest or 
other casualty and reasonable wear and tear excepted.
RSA 1980 cL-5 s99;1991 c18 s48
Implied powers of lessor 
97   In every lease referred to in section 95 other than a lease that 
is subject to the Residential Tenancies Act or the Mobile Home 
Sites Tenancies Act, there shall also be implied the following 
powers in the lessor, unless a contrary intention appears in the 
lease:
	(a)	that the lessor may, by himself or herself or his or her 
agents, enter on the demised land and view its state of 
repair, and may serve on the lessee, or leave at the lessee's 
last or usual place of abode, or on the demised land, a 
notice in writing of any defect, requiring the lessee within 
a reasonable time, to be mentioned in the notice, to repair 
it, insofar as the lessee is bound to do so;
	(b)	that in case the rent or any part of it is in arrear for the 
space of 2 calendar months, or in case default is made in 
the fulfilment of any covenant, whether expressed or 
implied in the lease, on the part of the lessee, and is 
continued for the space of 2 calendar months, or in case 
the repairs required by the notice, as provided in clause 
(a), are not completed within the time specified in the 
notice, the lessor may enter on and take possession of the 
demised land.
RSA 1980 cL-5 s100;1991 c18 s48
Re-entry 
98   The Registrar, on proof to the Registrar's satisfaction of 
lawful re-entry and recovery of possession pursuant to section 
97(b) by a lessor, or the lessor's transferee by a legal proceeding, 
shall make a memorandum of the fact on the certificate of title and, 
on so doing, the estate of the lessee in the land determines and the 
Registrar shall cancel the lease if delivered up to the Registrar for 
that purpose, but the lessee is not hereby released from the lessee's 
liability in respect of the breach of any covenant in the lease, 
expressed or implied.
RSA 1980 cL-5 s101;1999 c10 s19
Short form of lease 
99(1)  When in a lease made under this Act other than a lease that 
is subject to the Residential Tenancies Act or the Mobile Home 
Sites Tenancies Act, the forms of words in column 1 of Schedule 1 
and distinguished by any number in that Schedule are used, the 
lease shall be taken to have the same effect and be construed as if 
the words used had been those contained in column 2 of Schedule 1 
and distinguished by the same number.
(2)  Every such expression of words is deemed a covenant by the 
lessee with the lessor and the lessor's transferees, binding the 
lessee and the lessee's heirs, executors, administrators and 
transferees, but it is not necessary in any such lease to insert any 
such number and there may be introduced into or annexed to any of 
the expressions in column 1 any expressed exceptions from it or 
expressed qualifications of it, respectively, and the like exceptions 
or qualifications shall be taken to be made from or in the 
corresponding expressions in column 2.
RSA 1980 cL-5 s102;1991 c18 s48
Surrender of lease 
100(1)  When a lease or demise required to be registered by this 
Act is intended to be surrendered and its surrender is effected 
otherwise than through the operation of a surrender in law, the 
Registrar shall, on the production to the Registrar of the surrender 
in the prescribed form, make a memorandum of the surrender on 
the certificate of title in the register.
(2)  When the memorandum has been so made, the estate or interest 
of the lessee in the land vests in the lessor or in the person in 
whom, having regard to intervening circumstances, if any, the land 
would have vested if the lease had never been executed.
(3)  Notwithstanding subsection (1),
	(a)	a lessee of a lease that is mortgaged or encumbered shall 
not surrender the lease without the consent of the 
mortgagee or encumbrancee, and
	(b)	when a certificate of title has been issued for a leasehold 
estate, the Registrar shall not register a surrender of the 
lease unless the persons entitled to the benefit of any 
instruments or caveats registered against the certificate of 
title consent to the surrender.
(4)  Where a lease or demise required to be registered under this 
Act has been discharged before the term of the lease has expired, 
that discharge is deemed to have the same effect as if the lease had 
been surrendered.
RSA 1980 cL-5 s103;1985 c48 s2(20);1996 c32 s5(14); 
1999 c10 s20
Cancellation of expired lease 
101(1)  Any person claiming to be interested in any land for which 
a certificate of title has been granted may apply to a court for an 
order discharging any lease or demise registered pursuant to this 
Act the term of which has expired, and the court, on being satisfied 
that the term of the lease or demise in respect of which the 
application is made has expired, may grant an order to that effect.
(2)  Notwithstanding subsection (1), where the lessee is still in 
possession, the court shall not grant an order under subsection (1) 
unless the lessee has been given notice of the application.
(3)  On the filing of the order with the Registrar, the Registrar shall 
cancel the registration of the lease or demise mentioned in the order 
and any caveat based on the existence of that lease or demise.
(4)  The Registrar shall cancel the registration of a lease or demise 
on the production to the Registrar of a discharge executed by the 
lessee certifying that
	(a)	the term of the lease or demise has expired, and
	(b)	the lessee is no longer in possession.
RSA 1980 cL-5 s104;1988 c27 s38
Mortgages and Encumbrances
Mortgages and encumbrances
102(1)  When land for which a certificate of title has been granted 
is intended
	(a)	to be charged or made security in favour of a mortgagee, 
the mortgagor shall execute a mortgage in the prescribed 
form, or to the like effect, or
	(b)	to be charged with or made security for the payment of an 
annuity, rent charge or sum of money in favour of any 
encumbrancee, the encumbrancer shall execute an 
encumbrance in the prescribed form, or to the like effect.
(2)  A mortgage or encumbrance shall
	(a)	contain an accurate statement of the estate or interest 
intended to be mortgaged or encumbered, and
	(b)	give a description of the land intended to be dealt with 
that is sufficient to identify the land,
and a memorandum of the mortgage or encumbrance shall be made 
on the certificate of title.
(3)  A mortgage or encumbrance providing for the delivery to the 
mortgagee or encumbrancee of grain is registerable in the same 
manner as any other mortgage or encumbrance if there is set out in 
it the amount of grain of any specified description and grade as 
being the amount of grain deliverable pursuant to it, and all the 
provisions of this Act relating to other mortgages or encumbrances 
apply, with all necessary modifications, to any mortgage or 
encumbrance to which this subsection relates.
RSA 1980 cL-5 s105;1988 c27 s39
Mortgage as security 
103   A mortgage or encumbrance under this Act has effect as 
security but does not operate as a transfer of the land charged by it.
RSA 1980 cL-5 s106
Priority of mortgage 
104(1)  On registration of a mortgage for a specific principal sum, 
the mortgage obtains priority in accordance with section 14 of this 
Act for all advances and obligations secured pursuant to the terms 
of the mortgage, notwithstanding that they are made or incurred 
subsequent to the registration, on or after January 1, 1983,  of any 
other instrument or caveat.
(2)  On registration of a mortgage that provides for a revolving line 
of credit up to a specific principal sum, the mortgage obtains 
priority in accordance with section 14 of this Act for all advances 
and obligations secured pursuant to the terms of the mortgage 
notwithstanding
	(a)	that the advances and obligations are made or incurred 
subsequent to the registration, after December 31, 1982, 
of any other instrument or caveat, and
	(b)	that at any time during the term of the mortgage there may 
not be any outstanding advances to be secured.
(3)  If a mortgagee refuses to make, or a mortgagor has and 
exercises a right to refuse to accept or be bound by, any further 
advances that would be secured under subsection (1) or (2), the 
mortgagee shall, on the request of the mortgagor, provide a 
discharge of the mortgage as to the further advances.
(4)  The rights given under the Builders' Lien Act and the Personal 
Property Security Act are not affected by this section.
1982 c23 s14;1985 c48 s2(21);1988 cP-4.05 s86
Mortgages affected by conditional sales agreement 
105(1)  A mortgage, charge or encumbrance on land or on any 
estate or interest in land contained in, endorsed on or annexed to a 
written order, contract or agreement for the purchase or delivery of 
any chattel or chattels, is void to all intents and purposes 
whatsoever, notwithstanding anything in any Act.
(2)  No such mortgage, charge or encumbrance, and no caveat 
founded on it, or on any such writing or instrument, shall be 
registered or filed under this Act.
(3)  If any such writing or instrument, by inadvertence, accident or 
otherwise howsoever, is registered or filed in any Land Titles 
Office contrary to this section, the registration or filing is 
ineffective and nugatory to all intents and purposes whatsoever, 
and may be cancelled by a judge of the Court of Queen's Bench on 
the application, of any person interested, by originating notice.
RSA 1980 cL-5 s107;1988 cP-4.05 s86;1991 c21 s17
Discharge of mortgage or encumbrance 
106(1)  The Registrar shall discharge a mortgage or an 
encumbrance wholly or in part, or the land comprised in it wholly 
or in part, according to the tenor of the discharge, and shall make 
an entry of the discharge on the certificate of title affected by the 
discharge, in any of the following cases:
	(a)	on the production to the Registrar of a discharge in the 
prescribed form signed by the mortgagee or 
encumbrancee and accompanied with the proper affidavit 
of execution, but
	(i)	when it is expressly stated in a mortgage or 
encumbrance to 2 or more mortgagees or 
encumbrancees that the money has been advanced on 
a joint account, it is sufficient if the discharge of the 
mortgage or encumbrance is signed by any one of the 
mortgagees or encumbrancees, or
	(ii)	when it is expressly stated in a mortgage or 
encumbrance that the mortgage or encumbrance is 
held in joint tenancy by 2 or more mortgagees or 
encumbrancees, it is sufficient, on the death of a joint 
tenant, if the discharge of the mortgage or 
encumbrance is signed by the surviving mortgagees 
or encumbrancees;
	(b)	on the production of a certificate signed by a judge 
certifying that the judge is satisfied of the payment of all 
or part of the money secured by the mortgage or 
encumbrance, and that the mortgagee or encumbrancee is 
living, or if dead, that no succession duty or other tax is 
payable to the Crown in right of Alberta with respect to 
the mortgage or encumbrance;
	(c)	on the production of a certificate signed by a judge 
certifying that the right of any person to recover any 
money secured by the mortgage or encumbrance has been 
extinguished by reason of the operation of the Limitation 
of Actions Act, RSA 1980 cL-15.
(2)  On the entry being made on the certificate of title, the land or 
the estate, or interest in the land, or the portion of the land 
mentioned or referred to in the endorsement as provided in this 
Act, ceases to be subject to or liable for the principal sum or 
annuity, or, as the case may be, for the part of it mentioned in the 
entry as discharged.
RSA 1980 cL-5 s108;1985 c48 s2(22);1988 c27 s40
Postponements
107(1)  A person entitled to the benefit of a mortgage, 
encumbrance, lease or other instrument or a caveat registered 
against land may postpone the person's rights under it by filing a 
postponement in the prescribed form.
(2)  The registration of a postponement has the effect of postponing 
the rights under the postponed instrument or caveat to the rights 
under the instrument or caveat to which it is postponed in the same 
way and to the same extent as if the postponed instrument or caveat 
had been registered after the instrument or caveat to which it is to 
be postponed.
1985 c48 s2(23)
Memorandum in case of extinction of annuity, etc.
108   On proof of the death of the annuitant, or of the occurrence 
of the event or circumstance on which in accordance with the 
provisions of any encumbrance the annuity or sum of money 
secured by it ceases to be payable, and on proof that all arrears of 
the annuity and interest or money have been paid, satisfied or 
discharged, the Registrar shall, on the order of a judge, make a 
memorandum on the certificate of title that the annuity or sum of 
money is satisfied and discharged and shall cancel the instrument 
or caveat, and on the memorandum being made the land ceases to 
be subject to or liable for the annuity or sum of money.
RSA 1980 cL-5 s109;1999 c10 s21
Priority of transfers of mortgages 
109(1)  Mortgages, encumbrances and leases of land for which a 
certificate of title has been granted may be transferred by a transfer 
in the prescribed form and the transfer shall be registered in the 
same manner as mortgages, encumbrances and leases are 
registered, and transferees have priority according to section 14.
(2)  Any mortgagee may transfer a part of the sum secured by the 
mortgage by a transfer in the prescribed form, and the part so 
transferred continues to be secured by the mortgage and may be 
given priority over the remaining part or may be deferred or may 
continue to rank equally with it under the security of the original 
mortgage, as stated in the transfer, and the Registrar shall enter on 
the certificate of title a memorandum of the amount of the 
mortgage so transferred, the name of the transferee, and how the 
sum so transferred is to rank.
RSA 1980 cL-5 s110;1985 c48 s2(24)
Liability of transferee 
110   On the registration of a transfer of any mortgage, 
encumbrance or lease, the estate or interest of the transferor, as set 
out in the instrument, with all the rights, powers and privileges  
belonging or appertaining to it, passes to the transferee, and the 
transferee becomes subject to and liable for all the same 
requirements and liabilities to which the transferee would have 
been subject and liable if named in the instrument.
RSA 1980 cL-5 s111
Rights of transferee 
111(1)  By virtue of every such transfer the right to sue on any 
mortgage or other instrument and to recover any debt, sum of 
money, annuity of damage under it, and all interest at the time of 
the transfer in the debt, sum of money, annuity or damages, are 
transferred so as to vest them in law in the transferee of them.
(2)  Nothing contained in this Act prevents the court from giving 
effect to any trust affecting the debt, sum of money, annuity or 
damages in case the transferee holds it as trustee for any other 
person.
RSA 1980 cL-5 s112
Short form of mortgage 
112(1)  When in a mortgage made under this Act the forms of 
words in column 1 of Schedule 2 and distinguished by any number 
in that Schedule are used, the mortgage is to be taken to have the 
same effect and be construed as if the words used had been those 
contained in column 2 of Schedule 2 and distinguished by the same 
number.
(2)  Every such expression of words is deemed a covenant by the 
mortgagor with the mortgagee and the mortgagee's transferees, 
binding the mortgagor and the mortgagor's heirs, executors, 
administrators and transferees, but it is not necessary in any such 
mortgage to insert any such number and there may be introduced 
into or annexed to any of the expressions in column 1 any 
expressed exceptions from it or expressed qualifications of it, 
respectively, and the like exceptions or qualifications shall be taken 
to be made from or in the corresponding expressions in column 2.
RSA 1980 cL-5 s113;1983 c37 s33
Standard form mortgage
113(1)  A person may apply to the Registrar to file a standard form 
mortgage with the Registrar.
(2)  The standard form mortgage submitted for filing under 
subsection (1) must contain the terms of the mortgage other than
	(a)	the parties to the mortgage;
	(b)	the legal description of the mortgaged land;
	(c)	the amount secured under the mortgage;
	(d)	the amount of the payments to be made under the 
mortgage;
	(e)	the rate of interest on the mortgage;
	(f)	the term of the mortgage;
	(g)	the signatures to be executed on the mortgage;
	(h)	any other matter as determined by the Registrar.
(3)  Once the Registrar considers that the form and terms of the 
standard form mortgage are acceptable, the Registrar
	(a)	may file a copy of the standard form mortgage, and
	(b)	on filing the standard form mortgage, shall advise the 
applicant of the filing.
(4)  When a copy of a standard form mortgage is filed under 
subsection (3), the Registrar shall give the copy an identifying 
number or other identifying mark.
1996 c32 s5(15);1997 c18 s16
Use of standard form mortgage
114(1)  For the purpose of using a standard form mortgage, the 
following applies:
	(a)	the mortgage must set out
	(i)	the parties to the mortgage;
	(ii)	the address and postal code of the mortgagee;
	(iii)	the legal description of the mortgaged land;
	(iv)	the principal sum of the mortgage;
	(v)	the amount of the instalments, if any, to be made 
under the mortgage;
	(vi)	the rate of interest on the mortgage;
	(vii)	the term of the mortgage;
	(viii)	a description of any deletions from, and any 
amendments or additions to, the terms of the 
standard form mortgage made by the mortgagee;
	(ix)	any other matter as determined by the Registrar;
	(b)	the mortgage must contain a statement that the mortgage 
consists of those terms and is subject to the terms 
contained in the standard form mortgage that was filed 
with the Registrar as varied by any deletions from, or 
amendments or additions to, the terms of the standard 
form mortgage;
	(c)	the mortgage must set out the identifying number or mark 
that was assigned to the standard form mortgage under 
section 113(4) that contains the terms referred to in clause 
(b);
	(d)	the mortgagor must acknowledge on the mortgage
	(i)	that the mortgagor understands the nature of the 
statement referred to in clause (b),
	(ii)	that the mortgagor has been given a copy of those 
terms referred to in clause (b),
	(iii)	that the mortgagor is the registered owner of the land 
being mortgaged, and
	(iv)	that the mortgagor mortgages all of the mortgagor's 
estate and interest in the land for the purpose of 
securing the payment of the principal amount, 
interest and all other amounts secured by the 
mortgage;
	(e)	the mortgage must be dated and executed by the 
mortgagor, and if there is more than one mortgagor, by all 
the mortgagors, to the mortgage and witnessed if 
witnesses are required.
(2)  A mortgage completed and executed under this section has the 
same force and effect as if the mortgage had set out the actual 
terms contained in the standard form mortgage filed with the 
Registrar under section 113 as varied by any deletions from, or 
amendments or additions to, the terms of the standard form 
mortgage.
1996 c32 s5(15);1997 c18 s16
Powers of Attorney
Power of attorney 
115(1)  The owner of land may authorize and appoint any person 
to act for the owner or on the owner's behalf with respect to the 
transfer or other dealing with the land or with any part of it, in 
accordance with this Act, by executing a power of attorney in the 
prescribed form, or as near to it as circumstances permit, or in any 
form heretofore in use for the like purpose in which the land is not 
specially mentioned and described but is mentioned and referred to 
in general terms and the Registrar shall register any such power of 
attorney.
(2)  If the land referred to in any power of attorney is specifically 
and properly described, the Registrar shall make a memorandum of 
the instrument on the certificate of title.
(3)  Until a power of attorney in which the land referred to is so 
specifically described is revoked in the manner provided by 
subsection (4), the right of the owner to deal with the land for the 
purposes specified in the power of attorney is suspended, but the 
execution or registration of a general power of attorney does not in 
any way affect the right of the owner to transfer or otherwise deal 
with the owner's land.
(4)  The power of attorney may be revoked by a revocation in the 
prescribed form and, after the registration of a revocation of a 
power of attorney, the Registrar shall not register any transfer or 
other instrument made under the power of attorney unless the 
transfer or other instrument was executed prior to the revocation.
(5)  Where an irrevocable power of attorney is granted by a 
corporation in a registered mortgage or encumbrance and is to take 
effect when certain conditions, including default, occur, a 
certificate by the mortgagee or encumbrancee may be filed with the 
Registrar in respect of land that is owned by the corporation,
	(a)	setting out the provisions from the mortgage or 
encumbrance that grant the power of attorney,
	(b)	certifying that the power of attorney is in effect by virtue 
of the conditions having occurred,
	(c)	where the mortgagee or encumbrancee is not the attorney, 
certifying the appointment of the person who is authorized 
to act as attorney pursuant to the power of attorney,
	(d)	describing the land in respect of which the power of 
attorney is to be exercised, and
	(e)	certifying that at least 15 days' notice has been given to 
the corporation of the intention of the attorney to file the 
certificate,
and the Registrar shall register the certificate and make a 
memorandum of the instrument on the certificate of title.
(6)  A certificate registered under subsection (5)
	(a)	suspends the right of the owner to deal with the land for 
the purposes specified in the power of attorney,
	(b)	is sufficient authority for the Registrar to accept an 
instrument that is executed by the attorney for a purpose 
specified in the power of attorney, and
	(c)	subject to subsection (7), may be withdrawn by the 
mortgagee or encumbrancee at any time.
(7)  The mortgagee or encumbrancee shall withdraw a certificate 
registered under subsection (5) when the conditions permitting the 
certificate to be filed no longer exist.
RSA 1980 cL-5 s115;1988 c27 s42;1999 c10 s23
Transmission
Transmission of title on death 
116(1)  When the owner of land for which a certificate of title has 
been granted dies, the land, subject to this Act, vests in the personal 
representative of the deceased owner.
(2)  The personal representative before dealing with the land shall 
apply in writing, executed by the personal representative or the 
personal representative's solicitor, to the Registrar to be registered 
as owner and shall produce to and leave with the Registrar the 
probate of the will of the deceased owner, or letters of 
administration, or order of the court authorizing the personal 
representative to administer the estate of the deceased owner, or a 
certified copy of the probate, letters of administration or order, as 
the case may be.
(3)  For the purposes of this Act, the probate of a will or letters of 
administration, or other legal document purporting to be of the 
same nature, granted by the proper court of any province or 
territory of Canada, or of the United Kingdom of Great Britain, or 
of Northern Ireland, or of any other British dominion or possession, 
or an exemplification of it is deemed sufficient if it has been 
resealed with the seal of the court in Alberta having jurisdiction in 
those matters.
(4)  On the registration of the application,
	(a)	the Registrar shall cancel the certificate of title that is in 
the name of the deceased owner and grant to the executor 
or administrator, in the capacity as the executor or 
administrator, a new certificate of title, and
	(b)	the executor or administrator, as the case may be, is 
deemed to be the owner of the land.
(5)  For the purposes of section 120 only, the Registrar shall, in 
issuing a certificate of title to an executor, administrator or trustee 
under a will, describe the owner as the executor, administrator or 
trustee.
(6)  The title of the executor or administrator to the land relates 
back and takes effect from the date of the death of the deceased 
owner.
RSA 1980 cL-5 s116;1988 c27 s43;1999 c10 s24
Transmission of estate or interest under will or in intestacy 
117(1)  When an estate or interest in land for which a certificate of 
title has been granted is transmitted in consequence of the will or 
intestacy of the deceased owner,
	(a)	the probate of the will of the deceased owner,
	(b)	the letters of administration,
	(c)	the order of the court authorizing a person to administer 
the estate of the deceased owner, or
	(d)	a certified copy of the probate, letters of administration or 
order, as the case may be,
accompanied with an application in writing from the executor, 
administrator or other person applying to be registered as owner in 
respect of the estate or interest, shall be filed with the Registrar, 
who shall at the time of filing make a memorandum on the 
certificate of title.
(2)  On the memorandum being made, the executor, or 
administrator, or such other person, as the case may be, is deemed 
to be the owner of the estate or interest in land.
(3)  Section 116(3) applies to transmissions under this section.
RSA 1980 cL-5 s117;1988 c27 s44
Tenure of person registered in place of deceased owner
118(1)  Any person registered in place of a deceased owner shall 
hold the land in respect of which the person is registered, on the 
trusts and for the purposes to which it is applicable by this Act or 
by law and subject to any trusts and equities on which the deceased 
owner held it, but for the purpose of any registered dealings with 
the land, the person is deemed to be the absolute and beneficial 
owner of the land.
(2)  Any person beneficially interested in any such land may apply 
to a court having jurisdiction to have it taken out of the hands of 
the trustee having by law charge of the land and to have it 
transferred to some other person or persons, and the court, on 
reasonable cause being shown, shall name some suitable person or 
persons as owner of the land, and on the person or persons named 
accepting the ownership and giving approved security for the due 
fulfilment of the trusts, the court may order the Registrar to cancel 
the certificate of title to the trustee, and to grant a new certificate of 
title to the person or persons named.
RSA 1980 cL-5 s118;1988 c27 s45
Transfer by personal representative to himself or herself
119   An executor, administrator or trustee may make a valid 
transfer to himself or herself in the executor's, administrator's or 
trustee's personal capacity.
RSA 1980 cL-5 s119
Conditions of registration of transfer, etc.
120(1)  The Registrar shall not register a transfer, mortgage or 
other instrument executed by an executor, administrator or trustee 
under a will except an application for transmission or a caveat or a 
discharge of mortgage, unless
	(a)	a certificate of the Public Trustee, made subsequent to the 
grant or resealing of letters probate or administration, that 
the Public Trustee has no knowledge of minors being 
interested in the estate of the deceased owner, has been 
filed with the Registrar,
	(b)	in cases where minors are interested, the instrument to be 
registered is accompanied with the consent of the Public 
Trustee to the proposed dealing,
	(c)	the instrument to be registered is accompanied with an 
order of a judge of a court of competent jurisdiction, 
authorizing the proposed dealing, or
	(d)	the instrument to be registered is accompanied with an 
affidavit made by the deponent of the deponent's own 
knowledge that there are no minors who are interested in 
the estate of the deceased owner, nor were there any 
minors interested in the estate of the deceased owner at 
the time of the owner's death.
(2)  If land in which minors are interested is subject to a general 
testamentary trust for sale, the Public Trustee may give one written 
consent, which shall refer to the trust and authorize the executor, 
administrator or trustee, as the case may be, to deal with the land, 
and after the general consent has been filed in a Land Titles Office 
the Registrar shall register any transfer, mortgage or other 
instrument executed by the executor, administrator or trustee, as the 
case may be, without requiring any further consent to be filed.
RSA 1980 cL-5 s120
Joint tenancy
121   When
	(a)	an estate or interest in land for which a certificate of title 
has been granted is in the name of joint tenants, and
	(b)	a joint tenant of that estate or interest dies,
the Registrar, on application in writing accompanied with any 
documentation and other information that is requested by or that is 
otherwise satisfactory to the Registrar, shall cancel the certificate 
of title and grant a new certificate of title in the name of the 
surviving joint tenant.
1996 c32 s5(16);1999 c10 s25
Enforcement
Registration of instruments
122(1)  In this section, "instrument" means
	(a)	a writ of enforcement, or
	(b)	a registerable instrument other than a writ of enforcement 
that
	(i)	charges generally the property interest of a person, or
	(ii)	binds in the same manner as a writ of enforcement 
the property interests of a person.
(2)  Notwithstanding this or any other Act, no instrument that is 
presented to the Registrar shall charge or have any binding effect 
on any land in which the debtor has an interest unless a 
memorandum of the instrument has been endorsed on the 
certificate of title for that land.
(3)  A person presenting to the Registrar an instrument for 
registration shall provide to the Registrar a statement in the 
prescribed form setting out the land in which the debtor has an 
interest and the debtor's interest in the land.
(4)  When the Registrar 
	(a)	accepts an instrument for registration, and
	(b)	is provided with a statement referred to in subsection (3),
the Registrar shall register the instrument and endorse a 
memorandum of the instrument on the certificate of title to the land 
specified by the creditor.
(5)  At any time after the registration of an instrument under 
subsection (4), the creditor may, on providing to the Registrar a 
statement referred to in subsection (3), require the Registrar to 
endorse a memorandum of the instrument on the certificate of title 
for other land in which the debtor has an interest.
(6)  On making a memorandum on a certificate of title under 
subsection (4) or (5), the Registrar shall forthwith send by mail 
addressed to
	(a)	the registered owner of the land at the address stated on 
the certificate of title, and
	(b)	the debtor, if the debtor is not the registered owner of the 
land, at the address provided by the creditor,
a notice of the instrument and of the debtor's interest in the land.
(7)  Where a memorandum of an instrument or a caveat protecting 
the instrument is endorsed on a certificate of title,
	(a)	in the case of an instrument that is a writ of enforcement, 
all legal and equitable interests of the debtor in the land 
included in the certificate of title are bound by the writ of 
enforcement during the period of time that the instrument 
is in force, and
	(b)	in the case of an instrument other than a writ of 
enforcement, the interests of the debtor in the land 
included in the certificate of title are bound or charged in 
accordance with the Act that authorized registration of the 
instrument during the period of time that the instrument is 
in force.
(8)  If the obligation in respect of which an instrument was 
registered has been satisfied, the creditor shall furnish the debtor 
with a registerable discharge of that instrument.
(9)  A creditor who, without reasonable cause, files or c