Land Titles Act, R.S.A. 2000, c. L-4
| Citation: | Land Titles Act, R.S.A. 2000, c. L-4 | |
| Enabled Regulations: | 4 Regulations | |
| URL: | http://www.canlii.org/ab/laws/sta/l-4/20051114/whole.html | |
| Version downloaded by CanLII on 2005-11-14 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
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 Crown
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;
&nb