Under Alberta's Land Titles Act, an innocent buyer paid fair value and registered a transfer from a seller who had obtained title by fraud. What protection does the buyer have?
Correct Answer
A) They keep title; the defrauded owner may claim compensation from the Registrar
Section 183(1)(d) of the Land Titles Act allows a person deprived of land by fraud to recover it only from the owner through fraud or from someone who did not take as a transferee in good faith for value, so the innocent registered buyer keeps title. The defrauded owner may sue the Registrar for damages under s. 168, and compensation is paid out of the General Revenue Fund (ss. 175, 180), not from a separate assurance fund.
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