Under the Alberta Land Titles Act, what does 'indefeasibility of title' mean?

Q: What is the correct answer to: Under the Alberta Land Titles Act, what does 'indefeasibility of title' mean?

The correct answer is The registered owner's title is guaranteed by the government and cannot be defeated except in limited statutory exceptions. Under the Land Titles Act, indefeasibility means the registered owner's title is conclusive and guaranteed by the provincial government. It cannot be defeated or challenged except in limited statutory exceptions such as fraud by the registered owner, certain overriding interests, and specific provisions enumerated in the Act.

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

Alberta's Torrens system was adopted in 1886 and is governed by the Land Titles Act. The government maintains a register of all land interests, and the certificate of title is conclusive evidence of ownership. The assurance fund compensates parties who suffer loss due to errors in the register, reinforcing the guarantee.

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

Picture the government holding a giant shield over the registered owner's title. Only a few special arrows (fraud, statutory exceptions) can pierce this shield. Everything else bounces off. When you see 'indefeasibility' on the exam, recall the government shield image — guaranteed title with only narrow exceptions that can break through.

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

If a question mentions 'indefeasibility,' always look for the answer that references government guarantee plus limited exceptions. Absolute statements like 'never' or 'always' are usually wrong.

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

A buyer purchases a home in Edmonton and receives their certificate of title. Years later, a distant relative of a previous owner claims the property was sold without authority. The buyer's title is protected — the claimant's remedy is against the assurance fund, not the buyer's property.

Question

Real Property LawABEASY

Under the Alberta Land Titles Act, what does 'indefeasibility of title' mean?

Answer Options

A

The title cannot be searched by the public

B

The registered owner's title is guaranteed by the government and cannot be defeated except in limited statutory exceptions

C

The title is valid only for 25 years

D

The title is subject to any unregistered claim