In Alberta's Land Titles system, a caveat has been registered against a property. What is the primary legal effect of this registration?
Correct Answer
B) It gives notice of the claim, and later registrations take subject to it
A caveat gives notice on title of an interest the caveator claims. Under s. 135 of the Land Titles Act, while the caveat is in force any instrument registered after it is subject to the caveator's claim. It does not transfer ownership, and it lapses only if the caveator fails to start court proceedings within 60 days after being served a notice to take proceedings (s. 138).
Why This Is the Correct Answer
The caveat puts the claim on the public register, so everyone dealing with the land has notice of it. Under s. 135, instruments registered after the caveat take subject to the caveator's claim, which protects the caveator's priority while the claim is resolved.
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In Alberta's land titles system, a caveat claiming an unregistered interest is registered against a property. The registered owner wishes to sell, but the caveator refuses to withdraw the caveat. Which remedy is available to the owner?