Under Alberta's Land Titles Act, which interest binds a later purchaser even though it does not appear on the certificate of title?
Correct Answer
D) A lease of 3 years or less, with the tenant in actual occupation
Section 61(1)(d) of the Land Titles Act makes every certificate of title subject, by implication, to any subsisting lease or agreement for a lease for a period not exceeding 3 years if there is actual occupation under it. Longer leases, unregistered mortgages and options must be registered or protected by caveat, because s. 203 says a person taking a transfer from a registered owner is not affected by notice of interests that are not registered by instrument or caveat, except in the case of the buyer's own fraud.
Why This Is the Correct Answer
Section 61(1)(d) makes every title subject, without any mention on the certificate, to a subsisting lease for up to 3 years where the tenant is in actual occupation. That is why this short lease binds a later purchaser even though it is not registered.
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Under Alberta's Land Titles Act, what is the primary characteristic that distinguishes the Torrens system from the Registry system?
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