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?
Correct Answer
D) Apply to the Court of King's Bench for an order discharging the caveat
Section 141(1) of the Land Titles Act lets the owner apply to the court at any time, calling on the caveator to show cause why the caveat should not be discharged, and the court in Alberta is the Court of King's Bench. The Act also offers a notice route under s. 138: after a notice to take proceedings is served, the Registrar lapses the caveat once 60 days pass unless the caveator starts a court action and files a certificate of lis pendens. Neither route lets the Registrar cancel the caveat immediately on request.
Why This Is the Correct Answer
Under s. 141(1) of the Land Titles Act, an owner may apply to the court, which in Alberta is the Court of King's Bench, for an order requiring the caveator to show cause why the caveat should not be discharged. The court then makes the order it considers just, including discharging the caveat.
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In Alberta's Land Titles system, a caveat has been registered against a property. What is the primary legal effect of this registration?
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