Under Alberta's Land Titles Act, what is the effect of a caveat registered against a title while the caveat remains in force?
Correct Answer
C) Any instrument registered afterward is subject to the caveator's claim
Section 135 of the Land Titles Act provides that, so long as a caveat remains in force, an instrument registered after it and purporting to affect the land is subject to the claim of the caveator. The caveat gives notice of a claimed interest; it does not make the caveator an owner, and it stays until withdrawn (s. 137), lapsed on application after a notice to take proceedings (s. 138), or removed by court order.
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A fraudster forges an Alberta owner's signature on a transfer, registers title in the fraudster's name, and then sells the land to a buyer who pays fair value, registers the transfer and knows nothing of the fraud. Under the Land Titles Act, what is the most likely outcome?
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Under current Alberta law, what must a person show to acquire title to registered land by adverse possession (squatter's rights)?