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Real Property LawABHARD

A purchaser acquires Alberta land from a seller who obtained title through fraud. The purchaser had no knowledge of the fraud, paid fair value and registered the transfer. Under the Land Titles Act, what is the purchaser's legal position?

Correct Answer

D) The purchaser keeps title, and the defrauded owner may claim compensation from the Registrar

Section 183(1)(d) of the Land Titles Act lets a person deprived of land by fraud recover it only from the owner through fraud or from someone who did not take as a transferee in good faith for value, so an innocent purchaser for value keeps title. The defrauded owner, barred from recovering the land, may sue the Registrar for damages under s. 168, and any judgment or approved claim is paid out of the General Revenue Fund under ss. 175 and 180.

Answer Options
A
The purchaser loses the property because fraud voids all subsequent titles, however innocent the buyer
B
The purchaser must share the property with the defrauded original owner, since both are innocent parties
C
The purchaser's title is void until confirmed by a court order after the fraud is investigated
D
The purchaser keeps title, and the defrauded owner may claim compensation from the Registrar

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Key Terms

indefeasibilitybona fide purchaser for valueLand Titles Act s. 183compensationGeneral Revenue Fund
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