Under Alberta's Land Titles Act, which of the following interests must be registered to be enforceable against subsequent purchasers?

Q: What is the correct answer to: Under Alberta's Land Titles Act, which of the following interests must be registered to be enforceable against subsequent purchasers?

The correct answer is All of the above. Option D is correct because under Alberta's Land Titles Act, all three interests listed must be registered to be enforceable against subsequent purchasers for value. The Act requires registration of leases exceeding 3 years (making the 5-year lease registrable), mortgages as security interests, and easements as interests in land. This comprehensive registration requirement ensures the certificate of title accurately reflects all encumbrances and maintains the integrity of the Torrens system by providing notice to potential purchasers.

Q: What background knowledge is needed for this Real Property Law question?

Alberta's Land Titles Act operates under the Torrens system, where the certificate of title is conclusive evidence of ownership and registered interests. The Act requires registration of various interests including leases over 3 years, mortgages, easements, restrictive covenants, and liens to be enforceable against subsequent purchasers for value. Registration provides constructive notice and establishes priority based on registration date. Unregistered interests may be valid between original parties but cannot bind innocent purchasers. This system protects purchasers by ensuring they can rely on the registered title, while requiring interest holders to register to maintain enforceability and priority.

Q: What is a good way to remember the answer to this Real Property Law question?

Remember 'LME' - Leases (over 3 years), Mortgages, and Easements all need registration. Think of it as 'Let Me Explain' - the title must explain all these interests through registration to be enforceable against future buyers. When you see questions about registration requirements under land titles acts, think 'LME' and remember that virtually all significant interests in land must be registered to be enforceable against subsequent purchasers. If multiple options include registrable interests, the answer is likely 'all of the above.'

Q: What exam tip applies to this Real Property Law question?

For Land Titles Act questions, remember the general rule: if it affects the land and lasts more than a short term, it likely needs registration. When you see 'all of the above' with multiple registrable interests, it's often correct.

Q: How does this Real Property Law concept apply in real world practice?

A real estate agent represents a buyer purchasing a commercial property. During due diligence, they discover an unregistered 5-year lease with a tenant, an unregistered mortgage from a private lender, and an unregistered utility easement. Under Alberta's Land Titles Act, none of these would be enforceable against the buyer since they're unregistered. The buyer could take title free of these interests, potentially causing significant problems for the tenant, lender, and utility company who failed to register their interests.

Question

Real Property LawLand Titles SystemABMEDIUM

Under Alberta's Land Titles Act, which of the following interests must be registered to be enforceable against subsequent purchasers?

Answer Options

A

A 5-year residential lease

B

A mortgage on the property

C

An easement for utility access

D

All of the above