© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter L-4 Current as of January 31, 2025 LAND TITLES ACT

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover.

It does not include the following amendments: 2026 c12 s9 amends s1; adds ss8.1 to 8.6; amends ss14, 14.1 and 17; adds s23.1; amends ss24(1), 27, 28, 34 and 35; repeals s36(3); amends ss39(1) and 44; repeals and substitutes s45; amends s49(4); repeals and substitutes s50; amends ss50.1(1) and (2) and 53; amends the heading preceding s56.1; repeals ss56.1 to 56.4; amends ss56.41(1.1)(c), 56.5, 56.51, 56.6(

b) and 56.61; repeals and substitutes s56.7(

a) and (b); amends ss64(1) and (2), 64.1, 66(1), 73(1), 77(1), 85(3), 95(1), 98, 100(1), 101(4), 102(1)(

a) and (b), 102.1, 106(1)(a), 107(1), 109, 113, 115, 116, 117(1), 120(1), 121, 122 and 123(2); repeals and substitutes s125; amends ss126, 127(b), 130, 131, 132(2), 134, 138(1), 141(2) and 148(1) and (2); repeals and substitutes s151(2); amends ss152, 153(2), 155, 156, 161(b)(ii), 164, 179(3), 185, 186, 187(1), 189, 191(3)(a), 193(5), 201, 205(2) and 213; repeals and substitutes s215.

Regulations The following is a list of the regulations made under the Land Titles Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Land Titles Act Forms ......................................................... .... 480/81 ............. 232/82, 538/82, 195/85, 331/88, 48/95, 231/99, 211/2001, 251/2001, 326/2003, 248/2006, 149/2007, 164/2010, 227/2011, 170/2012, 159/2016, 117/2020, 49/2021, 216/2022, 218/2022, 4/2025 Metric Conversion .......................................... 22/2000 ........... 354/2003, 213/2010, 10/2021 Name Search .................................................. 207/99 ............. 251/2001, 354/2003, 73/2010, 66/2014, 185/2020, 99/2025 Pending Registration Queue ........................... 43/2021 ........... 106/2024 Proof of Identity and Handling of Documents ........................................... 174/2008 ......... 137/2017 Tariff of Fees .................................................. 120/2000 ......... 251/2001, 108/2003, 354/2003, 35/2007, 68/2008, 29/2011, 137/2015, 135/2019, 44/2021, 87/2022, 55/2024, 158/2024, NOTE: AR 15/2025 amends 5/2025 5/2025 (15/2025)

1 LAND TITLES ACT

Chapter L-4 Table of Contents 1

Definitions Land Titles Office 2 Land Titles Office Officers 4 Officials 5 Deputy Registrar 6 Officials under cont rol of Minister 7 Oath of office 8 Seal of office 9 Administration of oaths 1 0 Officials acting as agents, etc. 1 1 Business on premises 1 2 Office hours 1 3 Keeping of records 1 4 Daily record 14.1 Pending registration queue 1 5 Register 1 6 Record of names 1 7 Search 2 0 Substitute instr ument or caveat 2 1 Court order re lost instrument 2 2 District boundaries 2 3 Copies of instruments and caveats Registration 2 4 Registration of grant 2 5 Memorandum on instrument 2 6 Land in one certificate 2 7 Instruments in favour of corporations

RSA 2000

Chapter L-4 LAND TITLES ACT 2 2 8 Statutory decla ration required 2 9 Letters patent 3 0 Land in national parks 3 1 Statutory proceedings 3 2 Registration of estate 3 3 Registration of title to land already granted 3 4 Registration of owner arising out of tax recovery proceedings 3 5 Application for registration 3 6 Delivery of certificate of titl e when applicant is original grantee 3 7 Reference to judge 3 9 Adverse claims 4 0 Publication of application 4 1 Direction for registration 4 2 Granting certificate on transfer 4 3 Proof of age 43.1 Proof of identity 4 4 Post office address, signature, etc. 4 5 Names and addresses on documents 4 6 Transfer of ownership 4 7 Registration of trusts 4 8 Registration of restrictive covenant 4 9 Unit operation 5 0 Formalities in instrument 50.1 Refusal to register 5 1 Land identification number 5 2 Undivided fractional interest in minerals 5 3 Necessity of registration 5 4 Effect of registration 5 5 Expropriation 5 6 Priority of registration Electronic Submission, Filing and Registration 56.1

Definitions 56.11 Registration of documents in electronic format 56.12 Registrar’s policies re documents in electronic format 56.13 Registrar’s policies re subscribers and submission forms 56.14 Publication and

interpretation of Registrar’s policies 56.2 Requirements re digital s ignatures on electronic instruments, plans, caveats and other documents 56.21 Requirements re digital signatures on a submission form 56.31 Production of information 56.4 Evidentiary matters 56.41 Certification authority

RSA 2000

Chapter L-4 LAND TITLES ACT 3 56.5 Certification practice statement 56.51 Issuance of certificate re digital signature 56.6 Warranties of certi fication authority 56.61 Immunity 56.7 Offences re digital signatures Effect of Registration 5 7 Implied covenants 5 8 Implied covenants in transfer 5 9 Negation and modification of implied covenants 6 0 Obligation affecting land 6 1 Implied conditions 6 2 Certificate as evidence of title 6 3 Omission to send notice Transfers 6 4 Transfers 64.1 Transfer levy 64.2 Transitional 64.3 Transitional re certain exception 6 5 Registration of transfer affecting joint tenancy 6 6 Transfer of Crown land 6 7 Memorandum of easemen ts on certificate 6 8 Grant of easement, etc. by ow ner to himself or herself 6 9 Utility right of way 7 0 Rights of way on closed roads 7 1 Party wall agreement 7 2 Encroachment agreement 7 3 Cancellation of certain encumbrances 7 4 Registration of judgment rec overed under

section 69 of Law of Property Act 74.1 Effect of former provision Transfers 7 5 New certificates re consolidations, etc. 7 6 Registration of instrument, etc. r e Municipal Government Act 7 7 Illustration of p lan of survey 7 8 Requirements re plan 7 9 Requirements for registration 8 0 Survey re transfer 8 1 Registration of plan of survey 8 2 Plan of survey re public works, etc. 8 3 Plan of survey re transfer, etc.

RSA 2000

Chapter L-4 LAND TITLES ACT 4 8 4 Plan of survey re subdivision 8 5 Signatures of encumbrancees 8 6 Strata space 8 7 Statutory plan 8 8 Registration of descriptive plans 8 9 Change in natural boundary 9 0 Actual area of land 9 1 Application to vary plan 9 2 Correction of registered plan 9 3 Change of legal description 9 4 Sale of subdivided land Leases 9 5 Requirements of lease 9 6 Covenants implied in lease 9 7 Implied powers of lessor 9 8 R e - e n t r y 9 9 Short form of lease 100 Surrender of lease 101 Cancellation of expired lease Mortgages and Encumbrances 102 Mortgages and encumbrances 102.1 Mortgage levy 102.2 Transitional 102.3 Transitional re levy amount 103 Mortgage as security 104 Priority of mortgage 105 Mortgages affected by conditional sales agreement 106 Discharge of mortgage or encumbrance 107 Postponements 108 Memorandum in case of extinction of annuity, etc. 109 Priority of transfers of mortgages 110 Liability of transferee 111 Rights of transferee 112 Short form of mortgage 113 Standard form mortgage 114 Use of standard form mortgage Powers of Attorney 115 Power of attorney

RSA 2000

Chapter L-4 LAND TITLES ACT 5 Transmission 116 Transmission of title on death 117 Transmission of estate or int erest under will or in intestacy 118 Tenure of person registered i n place of deceased owner 119 Transfer by personal represen tative to himself or herself 120 Conditions of registra tion of transfer, etc. 121 Joint tenancy Enforcement 122 Registration of instruments 123 Lapse of instrument 124 Transfer or postponement of writ 125 Discharge of writ Changes of Name 126 Change of name of married person or adult interdependent partner 127 Changes of name Assignment for Benefit of Creditors 128 Assignment for benefit of creditors Amending Agreements 129 Registration of amending agreement Caveats 130 Filing of caveat 131 Requirements of caveat 132 Address for service 133 Encumbrance registered by caveat 134 Duties of Registrar on receipt of caveat 135 Effect of caveat 136 Transfer of caveat 137 Withdrawal of caveat 138 Lapse of caveat 139 Caveat to protect restrictive covenant 140 Extension of time for proceeding on caveat 141 Application to discharge caveat 142 Order for security 143 Refusal to remove caveat 144 Compensation in case o f caveat filed wrongfully 145 Number of caveats 146 Order re caveat

RSA 2000

Chapter L-4 LAND TITLES ACT 6 147 Priority of caveat 148 Registration of certificate of lis pendens 149 Compensation re certificate of lis pendens 150 Memorandum on withdrawal, etc., of caveat 151 Caveat for Crown or person under disability 152 Cancellation of certificate of lis pendens Liens under the Prompt Payment and Construction Lien Act 153 Construction liens Assignments of Contracts of Sale 154 Assignment of contract Attestation of Instruments 155 Attestation within Alberta 156 Attestation outside Alberta 157 Ineligibility to act as witness 158 Execution by interested commi ssioner for oaths or notary public 159 Exceptions to sections 155 and 156 160 Effect of failure to comply with attestation requirements 161 Execution of documen ts by corporation 162 Execution or pr oof of execution 163 Application of Dower Act Assurance Fees 164 Registration, levies and fees 165 Inspectors 166 Accounting for money received 167 Assurance fees 168 Actions against Registrar 169 Right of action of spouse 170 Protection of bona fide purchasers and mortgagees 171 Registrar as defendant 172 Final judgment against Registrar where co-defendant liable 173 Assignment of jud gment to Crown 174 Notice of action to Registrar 175 Payment of judgment out of General Revenue Fund 176 Actions against Registrar in Registrar ’s name of office 177 Costs of action 178 Limitation of action against Registrar 179 Error in mines and minerals 180 Settlement of claim out of General Revenue Fund

RSA 2000

Chapter L-4 LAND TITLES ACT 7 181 Liability of General Revenue Fund 181.1 Transitional 182 Recovery of money paid ou t of General Revenue Fund Remedial Proceedings Ejectment 183 Protection against ejectment Appeals and References to Judge 184 Appeal to judge from acts of Registrar 185 Reference by Registrar to judge 186 Reservations in origin al grant from the Crown 187 Correction of instrument 188 Entry of correction 189 Questioning and orders by judge 190 Power of judge to cancel, corre ct, etc., duplicate certificate 191 Registration of judgment, order or certificate 192 Notice to interested parties 193 Inquiry Appeal 194 Appeal from judge ’s decision 195 Reference by judge to Court of Appeal 196 Payment of costs 197 Enforcement of orders of court 198 Tariff of costs General Provisions 199 Use of name of owner by benefi ciary in action respecting land, etc. 200 Use of instrument as ev idence of transfer, etc. 201 Reproduction of instrument or caveat 202 Minerals owned by Crown 203 Protection of person accepting transfer, etc. 204 Suit for specific performance 205 Transfers to trustees and joint owners 206 Notice of court order 207 Jurisdiction of courts 208 Land description in court order 209 Effect of death, etc., on proceedings under Act 210 Effect of irregularity in proceedings 211 Protection of officers, etc. 212 False statements

RSA 2000

Section 1

Chapter L-4 LAND TITLES ACT 8 213 Regulations 214 Furnishing books, forms, etc. 215 Address for service of notice 216 Notice to Crown

Schedule 1 - Short Covenants in Lease

Schedule 2 - Short Covenants in Mortgage HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions 1 In this Act, (a) “affidavit” means an affirmation when made by a person entitled to affirm; (b) “certificate of title” means the record of the title to land that is maintained by the Registrar; (c) “court” means any court auth orized to adjudicate in Alberta in civil matters in which the title to real estate is in question; (

d) repealed 2008 cA-4.2 s137; (e) “encumbrance” means any charge on land created or effected for any purpose whatever, inclusive of mortgage, mechanics’ or builders’ liens, when authorized by statute, and executions against land, unless expressly distinguished; (f) “encumbrancee” means the owner of an encumbrance; (g) “encumbrancer” means the owner of any land or of any estate or interest in land subject to any encumbrance; (h) “endorsed” and “endorsement” apply to anything entered, printed, stamped or written on an instrument or caveat or on any paper attached to it by the Registrar; (i) “filing” means the entering i n the record of any instrument or caveat; (j) “grant” means a grant of Crown land, whether in fee or for years, and whether direct from His Majesty or pursuant to any statute; (k) “instrument” means (

i) a grant, certificate of title , conveyance, assurance, deed, map, plan, will, probate or exemplification of will,

RSA 2000

Section 1

Chapter L-4 LAND TITLES ACT 9 letters of administration, or an exemplification of letters of administration, mortgage or encumbrance, (ii) a judgment or order of a court, (iii) an application under

section 75, or (iv) any other document in wr iting relating to or affecting the transfer of or dealing with land or evidencing title to land; (l) “judge” means an official authorized in Alberta to adjudicate in civil matters in which the title to real estate is in question; (m) “land” means land, messuages, tenements and hereditaments, corporeal and incorporeal, of every nature and description, and every estate or interest therein, whether the estate or interest is legal or equitable, together with paths, passages, ways, watercourses, liberties, privileges and easements appertaining thereto and trees and timber thereon, and mines, minerals and quarries thereon or thereunder lying or being, unless any of them are specially excepted; (n) “memorandum” mean s the endorsement on the certificate of title of the particulars of an instrument or caveat presented for registration; (o) “mortgage” means a charge on land created merely for securing a debt or loan; (p) “mortgagee” means th e owner of a mortgage; (q) “mortgagor” means the owner or transferor of land, or of any estate or interest in land charged as security for a debt or a loan; (r) “owner” means a person en titled to any freehold or other estate or interest in land, at law or in equity, in possession, in futurity or expectancy; (r.1) “pending registration queue” means the queue of instruments and caveats to which

section 14.1 applies that are awaiting the examination required under

section 14(2); (s) “possession” when applied to persons claiming title to lan d means also alternatively the reception of the rents and profits of the land;

RSA 2000

Section 1

Chapter L-4 LAND TITLES ACT 10 (s.1) “Public Trustee” means th e person appointed as the Public Trustee under the Public Trustee Act; (t) “register” means the regi ster of titles to land kept in accordance with this Act; (u) “Registrar” means the Registrar of Titles and includes a Deputy Registrar and an Assistant Deputy Registrar; (v) “registration” means (

i) the bringing of land under the provisions of this Act, (ii) the entering on the certif icate of title of a memorandum authorized by this Act or any other Act of any instrument or caveat, and (iii) the entering in the proper register of any instrument or caveat authorized to be registered, of which a memorandum is not required to be entered on a certificate of title; (v.1) “represented adult” means (

i) a represented adult as defined in the Adult Guardianship and Trusteeship Act, or (ii) a person in respect of wh om a certificate of incapacity is in effect under the Public Trustee Act; (w) “transfer” means the passing of any estate or interest in land under this Act, whether for valuable consideration or otherwise, as well as the instrument of transfer in the prescribed form; (x) “transferee” means the pers on to whom any interest or estate in land is transferred, whether for value or otherwise; (y) “transferor” means the pe rson by whom any interest or estate in land is transferred, whether for value or otherwise; (z) “transmission” applies to change of ownership consequent on death, mental incapacity, sale under execution, order of court, or other act of law, sale for arrears of taxes or on a settlement or any legal succession in case of intestacy.

RSA 2000 cL-4 s1;2006 c21 s2;2008 cA-4.2 s137; 2020 c39 s7(2);AR 217/2022;2024 c4 s5

RSA 2000

Section 2

Chapter L-4 LAND TITLES ACT 11 Land Titles Office Land Titles Office 2 An office known as a “Land Titles Office” shall be located at one or more locations as determined by the Minister responsible for this Act. RSA 1980 cL-5 s4;1985 c48 s2(3);1996 c32 s5(3) Officers 3 Repealed 2006 c21 s3. Officials 4 In accordance with the Public Service Act, there may be appointed (

a) an officer to be known as the “Registrar of Titles”, (

b) one or more Deputy Registrars, (

c) one or more Assistan t Deputy Registrars, and (

d) any other employees, as required for the purpose of administering the Land Titles Office. RSA 1980 cL-5 s6;1988 c27 s4;2000 c14 s2 Deputy Registrar 5 The Deputy Registrar may do and perform all the duties required by this Act to be done or performed by the Registrar. RSA 2000 cL-4 s5;2006 c21 s4 Officials under control of Minister 6 The Registrar, Deputy Registrars and other necessary officers are under the control of the Minister responsible for this Act.

RSA 2000 cL-4 s6;2006 c21 s5 Oath of office 7 The Registrar and every Deputy Registrar and Assistant Deputy Registrar before entering on the execution of that office shall take the official oath prescribed by the Oaths of Office Act. RSA 2000 cL-4 s7;2006 c21 s6 Seal of office 8 The Registrar may have a seal of office. RSA 2000 cL-4 s8;2000 c14 s3;2020 c39 s7(3)

RSA 2000

Section 9

Chapter L-4 LAND TITLES ACT 12 Administration of oaths 9 The Registrar or any Deputy Registrar or Assistant Deputy Registrar may administer any oath or take any affirmation or declaration instead of an oath respecting titles to land from anyone entitled by law to affirm or declare.

RSA 2000 cL-4 s9;2006 c21 s7 Officials acting as agents, etc. 10 The Registrar or any Deputy Registrar, Assistant Deputy Registrar or clerk in any Land Titles Office shall not directly or indirectly act as the agent of any person investing money and taking securities on land within Alberta, advise, for any fee or reward or otherwise, on titles to land or practise as a conveyancer.

RSA 2000 cL-4 s10;2006 c21 s8 Business on premises 11 The Registrar or Deputy Registrar, Assistant Deputy Registrar or clerk in any Land Titles Office shall not carry on or transact within the Land Titles Office any business or occupation whatever other than that official’s duties as Registrar, Deputy Registrar, Assistant Deputy Registrar or clerk. RSA 2000 cL-4 s11;2006 c21 s9 Office hours 12 Every Land Titles Office shall be kept open during the hours and on the days fixed by the Minister.

RSA 1980 cL-5 s15;1985 c48 s2(5);1994 cG-8.5 s40 Keeping of records 13 Where records are required to be kept under this Act, the Registrar may keep those records (

a) in written form, (

b) by any graphic, photographi c, magnetic or electronic means, or (

c) by any other means or combination of means, as the Registrar considers appropriate. 1988 c27 s6 Daily record 14(1) The Registrar shall keep a record that shall contain particulars of every instrument and caveat accepted by the Registrar for filing or registration.

(2) The Registrar shall cause each instrument or caveat received by the Registrar for filing or registration to be examined and if it is found to be complete and in the proper form and fit for filing or

RSA 2000

Section 14.1

Chapter L-4 LAND TITLES ACT 13 registration, the Registrar shall endorse on the instrument or caveat the serial number assigned to it and the date on which the serial number is assigned.

(3) For purposes of priority between mortgagees, transferees and others, the serial number assigned to the instrument or caveat shall determine the priority of the instrument or caveat filed or registered.

(4) Notwithstanding subsections (2) and (3), instead of assigning a serial number to an instrument or caveat, the Registrar may identify the instrument or caveat by a means other than a serial number so long as that other means of identification allows for the determination of priority between mortgagees, transferees and others. RSA 1980 cL-5 s16;1985 c48 s2(6);1988 c27 s7; 1994 cC-10.5 s134;1996 c32 s5(5);1999 c10 s3 Pending registration queue 14.1(1) Subject to the regulations, this

section applies to instruments and caveats affecting a parcel of land to which a land identification number has been assigned under

section 51.

(2) The Registrar shall establish and maintain a pending registration queue.

(3) The Registrar shall ensure that instruments and caveats are entered in the pending registration queue in an order acceptable to the Registrar.

(4) Instruments and caveats in the pending registration queue must be examined and registered in accordance with

section 14(2) in the order in which they are entered in the pending registration queue.

(5) Notwithstanding subsection (4), the regulations may provide that instruments and caveats in the pending registration queue may be examined and registered in an order other than the order in which they are entered in the pending registration queue.

(6) If an instrument or caveat in the pending registration queue is found to be incomplete, not in the proper form or not fit for registration, the Registrar may (

a) return the instrument or caveat for correction, in which c ase the instrument or caveat shall, (

i) if it is returned to the Registrar within the time prescribed by the regulations, retain its place in the pending registration queue, or

RSA 2000

Section 15

Chapter L-4 LAND TITLES ACT 14 (ii) if it is not returned to t he Registrar within the time prescribed by the regulations, be removed from the pending registration queue, o r (

b) reject the instrument or c aveat if, in the Registrar’s opinion, it was submitted in bad faith or its defects are such that they cannot reasonably be corrected, in which case the instrument or caveat shall be removed from the pending registration queue.

(7) Where, under a court order or enactment, an instrument or caveat must be registered within a specific period of time, the requirements of the court order or enactment with respect to the timing of registration are deemed to have been satisfied when the instrument or caveat is entered in the pending registration queue, unless the instrument or caveat is later removed from the pending registration queue under subsection (6)(a)(ii) or (b). 2020 c39 s7(4) Register 15 The Registrar shall keep each certificate of title and shall record on it the particulars of all instruments, caveats, dealings and other matters by this Act required to be registered or entered on the certificate of title and affecting the land included in it and the certificates of title so kept constitute the “register”.

RSA 1980 cL-5 s17;1985 c48 s2(7);1988 c27 s8 Record of names 16 The Registrar shall maintain a record that will enable the Registrar to provide a list of land owned by persons who have the same name as a person specified in a request made to the Registrar for a search under

section 17. 1988 c27 s9 Search 17 When the Registrar receives a request for a search and the payment of the prescribed fee, and when the person requesting the search has fulfilled any conditions, criteria or qualifications prescribed by the regulations, the Registrar shall (

a) provide the person with a search of the information contained in the register, (

b) advise the person whether any instrument or caveat related to the search has been entered in the pending registration queue, and

RSA 2000

Section 20

Chapter L-4 LAND TITLES ACT 15 (

c) if an instrument or caveat h as been entered in the pending registration queue, advise the person of the date on which the instrument or caveat was entered. RSA 2000 cL-4 s17;2020 c39 s7(5) 18 and 19 Repealed 2020 c39 s7(6). Substitute instrument or caveat 20(1) Where the Registrar is satisfied that an instrument or caveat has been destroyed, is lost or cannot be found, the Registrar may refer to the records kept in the Land Titles Office and create a substitute for or a copy of the instrument or caveat based on the information contained in those records.

(2) Where a substitute for or a copy of the instrument or caveat is made under subsection (1), it has, without further proof, the same force and effect as the original instrument or caveat. RSA 2000 cL-4 s20;2020 c39 s7(7) Court order re lost instrument 21(1) When the Registrar (

a) is required to produce an instrument or caveat, and (

b) certifies that the Registr ar is unable to produce the instrument or caveat by reason that it has been destroyed, is lost or cannot be found and another record of the instrument or caveat has not been made, a person having an interest in the land affected by the instrument or caveat may apply to the court for an order dealing with the instrument or caveat in any manner that the court considers appropriate.

(2) The application referred to in subsection (1) shall be served on those persons and in any manner that the court directs. RSA 2000 cL-4 s21;2009 c53 s95 District boundaries 22 On receipt of a copy of the order forming the district or of any other order or notice altering the content of the district from the drainage council or irrigation council, as the case may be, the Registrar shall note on each certificate of title to a parcel of land shown in the order or notice the fact that the parcel forms part of the district or, as the case may be, shall remove the note to that effect. RSA 1980 cL-5 s23;1999 cI-11.7 s214

RSA 2000

Section 23

Chapter L-4 LAND TITLES ACT 16 Copies of instruments and caveats 23(1) The Registrar shall, on request and payment of the prescribed fee, furnish a reproduction of any instrument or caveat.

(2) Notwithstanding subsection (1), if a reproduction of an instrument or caveat cannot be made, the Registrar may furnish a document setting out the information contained in the instrument or caveat that is available to the Registrar. RSA 2000 cL-4 s23;2006 c21 s10 Registration Registration of grant 24(1) A grant is deemed to be registered under this Act when it has been marked by the Registrar with the serial number assigned to it and a memorandum of its registration has been entered in the record.

(2) A caveat or an instrument, other than a grant, is deemed to be registered when a memorandum of it has been entered on the existing certificate of title. RSA 1980 cL-5 s25;1985 c48 s2(9);1988 c27 s17;1996 c32 s5(28) Memorandum on instrument 25 Every memorandum entered on a certificate of title shall state the nature of the instrument or caveat to which it relates, the serial number of the instrument or caveat, the date on which the serial number was assigned and any other particulars that the Registrar considers to be appropriate. RSA 1980 cL-5 s27;1988 c27 s19 Land in one certificate 26(1) A certificate of title shall not include the following: (

a) more than one

section of land; (

b) parcels of land that are des cribed by reference to different registered plans; (

c) land described in parts, where one

part is described by reference to a registered plan and another

part is described by any other kind of description.

(2) Unless the Registrar otherwise permits, a certificate of title shall include only land that consists of a contiguous area.

RSA 2000

Section 27

Chapter L-4 LAND TITLES ACT 17

(3) The Registrar may cancel a certificate of title that does not comply with subsection (1) or (2), or both of them, and issue in substitution for it new certificates of title to the land that was included in the cancelled certificate of title. RSA 1980 cL-5 s29;1988 c27 s20 Instruments in favour of corporations 27(1) The Registrar may reject any instrument or caveat under which an interest in land is claimed or dealt with on behalf of a corporation unless the Registrar is satisfied that the corporation is (

a) registered under the Companies Act, (

b) registered, incorporated or continued under the Business Corporations Act or the Cooperatives Act, (

c) a loan corporation or trust corporation, (

d) licensed under the Insurance Act, (

e) registered under the Societies Act, (

f) registered under the Rural Utilities Act, (

g) incorporated under the Credit Union Act, (

h) incorporated under the Agricultural Societies Act, (

i) incorporated in Alberta by or pursuant to a public or private Act, (

j) incorporated or continued under the Bank Act (Canada) or the Railway Act (Canada), RSC 1985 cR-3, or (

k) an agent of the Crown in right of Canada.

(2) In the case of any corporation to which subsection (1)(a), (b), (c), (d), (e), (f), (

g) or (

h) applies, the receipt by the Registrar of a certificate from (

a) the Registrar of Companies that a corporation is registered under the Companies Act, (

b) the Registrar as defined in the Business Corporations Act that a corporation is registered, incorporated or continued under that Act, (b.1) the Director as defined in the Cooperatives Act that a cooperative is registered, incorporated or continued under that Act,

RSA 2000

Section 27

Chapter L-4 LAND TITLES ACT 18 (

c) the Registrar as defined in the Business Corporations Act that a corporation is registered under the Societies Act or the Rural Utilities Act, (

d) the member of the Executive Council responsible for the administration of the Loan and Trust Corporations Act that a corporation is a loan corporation or trust corporation, (

e) the Minister responsible for the Insurance Act that a corporation is licensed under the Insurance Act, (

f) the member of th e Executive Council responsible for the administration of the Credit Union Act that a corporation is incorporated under the Credit Union Act, or (

g) the Director of Agricultural Societies that a corporation is incorporated under the Agricultural Societies Act, shall be sufficient to satisfy the Registrar in relation to every submission for registration or filing made afterwards in relation to that corporation until the Registrar is informed by the Registrar of Companies, the Registrar as defined in the Business Corporations Act, the member of the Executive Council responsible for the administration of the Loan and Trust Corporations Act, the Superintendent of Insurance, the member of the Executive Council responsible for the administration of the Credit Union Act or the Director of Agricultural Societies, as the case may be, that the certificate issued in respect of that corporation is no longer valid.

(3) The Registrar of Companies, the Registrar as defined in the Business Corporations Act, the member of the Executive Council responsible for the administration of the Loan and Trust Corporations Act, the Superintendent of Insurance, the member of the Executive Council referred to in subsection (2)(

f) and the Director of Agricultural Societies, as the case may be, shall notify the Registrars forthwith, on any corporation for which they may have issued their respective certificates being dissolved or liquidated and dissolved or ceasing to be registered or licensed, that the certificate issued in respect of that corporation is invalid.

(4) Except in respect of a corporation (

a) that is a loan corporation or trust corporation, or (

b) licensed under the Insurance Act, a certificate of a solicitor who is a member of The Law Society of Alberta stating that the corporation is registered under the Companies Act, the Societies Act, the Rural Utilities Act or the

RSA 2000

Section 28

Chapter L-4 LAND TITLES ACT 19 Agricultural Societies Act, or is incorporated, continued or registered under the Business Corporations Act, the Cooperatives Act or the Credit Union Act shall be sufficient to satisfy the Registrar in relation to the submission for registration or filing of the instrument or caveat to which the certificate is attached and of which it forms part.

(5) Notwithstanding subsections (1) to (4), the Registrar may register a lien under the Prompt Payment and Construction Lien Act by an extra-provincial corporation that is not registered in Alberta.

RSA 2000 cL-4 s27;RSA 2000 cI-3 s860;2001 cC-28.1 s457; 2001 c23 s1(10);2011 c13 s5;2020 c30 s29 Statutory declaration required 28(1) The Registrar shall refuse to register the transfer or transmission of any estate or interest in land, to register any caveat relating to an estate or interest in land or to register or file a plan of subdivision unless the transfer, transmission, caveat or plan of subdivision is accompanied with a statutory declaration in the form and containing the information prescribed by regulations under the Agricultural and Recreational Land Ownership Act and

section 35 of the Citizenship Act (Canada) and made by the person required by those regulations to make it.

(2) The Registrar shall refuse to register a transfer, transmission, caveat or plan of subdivision described in subsection (1) if the Registrar has reason to believe that the transfer, transmission, caveat or plan of subdivision results in the taking or acquisition directly or indirectly of, or the succession to, an estate or interest in land by a person contrary to regulations made under the Agricultural and Recreational Land Ownership Act and

section 35 of the Citizenship Act (Canada). RSA 1980 cL-5 s31;1994 c23 s50 Letters patent 29(1) When any land is granted in Alberta by the Crown and the letters patent for the grant have been forwarded from the office from which the letters patent are issued to the Registrar, the Registrar shall retain the letters patent in the Registrar’s office, and a certificate of title, as provided by this Act, with any necessary qualifications shall be granted to the patentee.

(2) If a person has obtained a patent under a homestead or under a homestead and pre-emption entry in accordance with any statutory provision, a certificate of title shall be issued to the person free of all fees and levies that under this Act are otherwise required to be paid.

RSA 2000

Section 29

Chapter L-4 LAND TITLES ACT 20

(3) The notification to the Hudson’s Bay Company by the Minister of the Interior under the Dominion Lands Act (Canada), RSC 1927 c113, of the survey and confirmation of the survey of any township or part of a township shall be accepted by the Registrar as equivalent to and dealt with by the Registrar in all respects in the same manner as if the notification were letters patent to and in favour of the company granting to the company in fee simple the sections or portions of sections to which it is entitled in the townships or parts of townships under the Dominion Lands Act (Canada), RSC 1927 c113.

(4) A notification to the Registrar from the Minister of the Interior of Canada that the land described in the notification has been granted to the Canadian Pacific Railway Company or to any other railway company entitled to Dominion land under authority of

an Act of the Parliament of Canada shall be accepted by the Registrar and dealt with by the Registrar in all respects as if it were letters patent in favour of the company.

(5) A notification received by the Registrar from the Minister of Infrastructure of the abandonment by the Crown of any roads or road allowances or trails that now are or that may hereafter be vested in the Crown in right of Alberta has the same effect as a patent issued by the Crown to the person mentioned in the notification as transferee and shall be so treated by the Registrar, and the notification shall state the nature of the grant and shall specify any mines, minerals, easements or rights that are excepted from the grant.

(6) A certified copy of an order in council passed by the Government of Canada or other notification that the land described in the order in council or notification has been granted to the Crown in right of Alberta is of the same effect as a patent issued by the Crown and shall be so treated by the Registrar.

(7) On receipt by the Registrar of a notification affecting any land vested in the Crown in right of Alberta, issued and executed in the manner provided in any statute in force in Alberta relating to the disposition of the land first mentioned, that any parcel of the land described in the notification or any interest in any such land has been granted to any person pursuant to that statute, the notification shall be accepted by the Registrar and be dealt with by the Registrar in all respects as if it were letters patent in favour of that person, and the Registrar shall issue a certificate of title in conformity with the terms of the notification. RSA 2000 cL-4 s29;2006 c21 s11;2024 c4 s5

RSA 2000

Section 30

Chapter L-4 LAND TITLES ACT 21 Land in national parks 30 The Registrar shall accept for registration and register duplicate originals, or copies certified by (

a) the deputy or acting deputy of the Minister charged with t he administration of the National Parks Act (Canada), or (

b) the Chief Executive Officer under the Parks Canada Agency Act (Canada) or a person duly authorized by the Chief Executive Officer, of any leases or other registerable instrument or instruments in connection with or relating to the title to land situated within the area set apart for national parks.

RSA 1980 cL-5 s33;1985 c48 s2(10);2000 c14 s5 Statutory proceedings 31 When by virtue of any statutory proceedings, land or an interest in land, belonging to any person, has become vested in any other person, and no other express authority exists for making the necessary entries, cancellations, or issues of new instruments, the Registrar shall make the entries, cancellations and issues of new instruments that the Registrar would have made if there had been a transfer of the land or interest from the first mentioned person to the other person.

RSA 1980 cL-5 s34 Registration of estate 32(1) The owner of any estate leased or demised to the owner or to the person from whom the owner claims a title, for a life or for lives, or for a term of more than 3 years, in any land for which the grant from the Crown has been registered, may apply to have the owner’s title registered and to have a certificate of title issued for it to the owner under this Act.

(2) A certificate of title issued for a leasehold or life estate is, by implication and without any special mention in the certificate of title, subject to all instruments and caveats registered against the certificate of title from which the estate is derived prior to the registration of the instrument creating the leasehold or life estate.

RSA 1980 cL-5 s35;1985 c48 s2(11);1988 c27 s22 Registration of title to land already granted 33(1) The owner of any estate or interest in any land whether legal or equitable, letters patent for which issued from the Crown before January 1, 1887, or that otherwise had prior to that date passed from the Crown, may apply to have the owner’s title registered under this Act.

RSA 2000

Section 34

Chapter L-4 LAND TITLES ACT 22

(2) If at the time of the grant of the certificate of title there are no registered encumbrances or conveyances affecting the land, the certificate may be granted to the patentee free of all fees and levies that under this Act are otherwise required to be paid.

RSA 2000 cL-4 s33;2024 c4 s5 Registration of owner arising out of tax recovery proceedings 34 When a caveat or notification is forwarded to the Registrar under the Municipal Government Act with respect to any parcel of land the title to which is not registered under this Act, together with an affidavit that the person named in the caveat or notification is the owner of the parcel and that the person resides at an address given in the caveat or notification, the Registrar shall notify that person by registered mail that unless the latter shows cause why the person should not be registered as owner of the parcel within one month from the posting of the letter, the Registrar will so register the person, and shall, on being satisfied that any such person or any other person is the owner of the land, issue a certificate of title in the person’s name.

RSA 1980 cL-5 s37;1994 cM-26.1 s642(35) Application for registration 35(1) The application to bring land under the operation of this Act shall be made in the prescribed form to the Registrar, shall be verified by the affidavit in the prescribed form of the applicant or someone on the applicant’s behalf and shall be accompanied with (

a) all deeds in possession o f the applicant, if any, (

b) a certificate showing all registrations affecting the title down to the time when the application is filed, with copies of any registered documents the original of which the applicant is unable to produce, and (

c) a printed search result showing that no writ of enforcemen t has been registered in the Personal Property Registry against the applicant.

(2) In no case is it necessary for any applicant to produce copies of any documents under subsection (1) if the originals are of record at the time when the application is made in the office of the Registrar to whom the application is made.

(3) It is not necessary for the Hudson’s Bay Company, in the case of land the title of which has passed to that company before January 1, 1887, either by notification made under the Dominion Lands Act (Canada), RSC 1927 c113, or by letters patent issued under that Act prior to that date, to produce to the Registrar any of the certificates mentioned in this

section if the application is

RSA 2000

Section 36

Chapter L-4 LAND TITLES ACT 23 accompanied with an affidavit, in the prescribed form, to be made by any officer of the company, approved by the Minister.

(4) For the purpose of the application, all transfers of land executed in the manner in which transfers are required to be executed under this Act shall be taken to be effectual to vest the title to the land in the transferee mentioned in the transfer. RSA 2000 cL-4 s35;2006 c21 s12 Delivery of certificate of title when applicant is original grantee 36(1) On the filing of the application, (

a) if the applicant is the original grantee of the Crown of t he land and no deed, transfer, mortgage or other encumbrance or instrument or caveat affecting the title to that land appears to have been recorded, or (

b) if the applicant is not the original grantee, all the original title deeds are produced and no person other than the applicant is in actual possession of the land and no caveat has been registered, the Registrar, if the Registrar entertains no doubt as to the title of the applicant, shall grant a certificate of title as provided in this Act.

(2) If there is a mortgage or encumbrance against the land at the date of the application, the filing with the Registrar of the original mortgage or the instrument creating the encumbrance or a copy of the mortgage or instrument having endorsed on it or attached to it a receipt for the payment of the amount secured by it signed by the mortgagee or encumbrancee attested by an affidavit of the witness, operates a discharge of the security created by the mortgage or encumbrance.

(3) The receipt may be in the prescribed form.

(4) If any person other than the applicant is admitted or appears to be interested in the land, then if the person’s interest is by virtue of a mortgage, encumbrance, lease, or charge created by any other instrument and the instrument is at the time of the application of record in the office of the Registrar to whom the application is made, or, if not of record, the instrument is produced to the Registrar, and if the applicant desires to have the applicant’s title registered, subject to the interest of the other person, the Registrar, if the Registrar entertains no doubt as to the extent and nature of the interest or of the title of the applicant, may register the title and grant a certificate of title subject to the interest.

RSA 2000

Section 37

Chapter L-4 LAND TITLES ACT 24

(5) In any case where the person who is admitted or appears to be interested in land is a consenting party to an application, the Registrar may, if the Registrar entertains no doubt as to the title of the applicant, grant a certificate of title, subject to the terms of the consent, but the consent shall be in writing by the consenting party in the presence of a witness and attested in the manner provided for by this Act. RSA 1980 cL-5 s39;1999 c10 s7 Reference to judge 37 In all cases other than those provided for in

section 36, the Registrar shall forthwith, having given the applicant a certificate of the filing of the applicant’s application, transmit the application, with all evidence supplied, to a judge to be dealt with in accordance with the Alberta Rules of Court. RSA 2000 cL-4 s37;2020 c39 s7(8) 38 Repealed 2020 c39 s7(9). Adverse claims 39(1) Any person having an adverse claim or a claim not recognized in the application for registration may, at any time before the judge has approved of the applicant’s title, file with the Registrar a short statement of the person’s claim, verified by affidavit, and shall serve a copy of it on the applicant, the applicant’s solicitor or agent.

(2) If an adverse claim is filed, the judge shall proceed to examine into and adjudicate on it, and no certificate of title shall be granted until the adverse claim has been disposed of. RSA 1980 cL-5 s42 Publication of application 40(1) In any case before the judge, the judge may direct that notice of the application be published in some newspaper or newspapers in a form and for a period the judge thinks expedient.

(2) No order for registration shall be granted by the judge until after the expiration of at least 4 weeks from the first publication of the notice, if the judge has directed it to be published. RSA 1980 cL-5 s43 Direction for registration 41 The judge if satisfied with the applicant’s title shall make an order directing the Registrar to register it after the expiration of 4 weeks from the date of the order, unless in the meantime the order is appealed from. RSA 1980 cL-5 s44

RSA 2000

Section 42

Chapter L-4 LAND TITLES ACT 25 Granting certificate on transfer 42 On every transfer of land mentioned in a certificate of title, the certificate of title to be issued shall be issued by the Registrar. RSA 1980 cL-5 s46;1985 c48 s2(12);1999 c10 s9 Proof of age 43 In all cases of transfers, mortgages, encumbrances or leases, the Registrar may require satisfactory evidence that the person making the instruments is an adult.

RSA 1980 cL-5 s47 Proof of identity 43.1(1) In all cases of transfers, mortgages, encumbrances, caveats, leases or other instruments, the Registrar may require satisfactory proof of identity of any person whose name appears on the instrument, including, without limitation, photographic identification, statutory declarations, documentation regarding a change of name, birth certificates, marriage certificates or death certificates.

(2) The Registrar may make a copy of any form of documentation submitted under subsection (1), or make a note of the information contained in the documentation, and may retain the copy or the note in a file regarding the transaction, but the copy or the note does not constitute information contained in the register for the purpose of a search under

section 17.

(3) The types of identification and the number of identification documents that may be required for the purpose of this

section may be specified by regulation. 2006 c21 s13 Post office address, signature, etc. 44(1) An owner or mortgagee of land for which a certificate of title has been granted shall deliver to the Registrar a memorandum in writing of some post office address to which it shall be sufficient to mail all notices that under this Act are required to be sent to an owner or mortgagee.

(2) An owner or mortgagee shall from time to time in like manner notify the Registrar of any change in the owner’s or mortgagee’s address.

(3) Notwithstanding subsection (1), the Registrar may proceed without a memorandum of address. RSA 1980 cL-5 s48;1982 c23 s3;1985 c48 s2(13)

RSA 2000

Section 45

Chapter L-4 LAND TITLES ACT 26 Names and addresses on documents 45 If a document is presented to the Registrar for registration and does not disclose, in respect of any person who is a party to the document, whether or not the person signed it, or who issued or is affected by the document, (

a) the person’s surname and at least one given name in full, in the case of a natural person, and (

b) an address giving the municipal number and the street or avenue, if any, or an address that is in the opinion of the Registrar sufficient for the purpose of giving notice by mail to that person, the Registrar may refuse registration of the document until either the document is changed to contain the information required by the Registrar or there is furnished to the Registrar a memorandum by or on behalf of the person presenting the document for registration setting out the information required by the Registrar.

RSA 1980 cL-5 s49;1988 c27 s23 Transfer of ownership 46 On a transfer of ownership, the certificate of title of the transferor shall be cancelled in respect of the land transferred and a new certificate of title shall be issued to the transferee.

RSA 1980 cL-5 s50;1988 c27 s24;1999 c10 s10 Registration of trusts 47 No memorandum or entry shall be made, on a certificate of title, of any notice of trusts, whether expressed, implied or constructive, but the Registrar shall treat any instrument containing any such notice as if there were no trust, and the trustee or trustees named in the instrument are deemed to be the absolute and beneficial owners of the land for the purposes of this Act.

RSA 1980 cL-5 s51;1999 c10 s11 Registration of restrictive covenant 48(1) There may be registered as annexed to any land that is being or has been registered, for the benefit of any other land that is being or has been registered, a condition or covenant that the land, or any specified portion of the land, is not to be built on, or is to be or not to be used in a particular manner, or any other condition or covenant running with or capable of being legally annexed to land.

(2) When any such condition or covenant is presented for registration, the Registrar shall enter a memorandum of it on the proper certificate or certificates of title.

RSA 2000

Section 49

Chapter L-4 LAND TITLES ACT 27

(3) Notwithstanding subsection (2), before a memorandum of a condition or covenant may be entered on a certificate of title under subsection (2), certificates of title must exist for all the parcels of land affected by the condition or covenant, including the parcel of land that comprises the servient tenement and the parcel of land that comprises the dominant tenement.

(4) The first owner, and every transferee, and every other person deriving title from the first owner or through tax sale proceedings, is deemed to be affected with notice of the condition or covenant, and to be bound by it if it is of such nature as to run with the land, but any such condition or covenant may be modified or discharged by order of the court, on proof to the satisfaction of the court that the modification will be beneficial to the persons principally interested in the enforcement of the condition or covenant or that the condition or covenant conflicts with the provisions of a land use bylaw or statutory plan under

Part 17 of the Municipal Government Act, and the modification or discharge is in the public interest.

(5) The entry on the register of a condition or covenant as running with or annexed to land does not make it run with the land, if the covenant or condition on account of its nature, or of the manner in which it is expressed, would not otherwise be annexed to or run with the land.

(6) No such condition or covenant is deemed to be an encumbrance within the meaning of this Act. RSA 1980 cL-5 s52;1988 c27 s25;1994 cM-26.1 s642(35); 1995 c24 s100;1999 c10 s12 Unit operation 49(1) In this section, “unit operation” means an operation where, pursuant to an agreement, interests in a mineral are merged, pooled, consolidated or integrated as a single unit, without regard to the boundaries of the separate parcels, for the purposes of (

a) the development or productio n of the mineral within, on or under the parcels, or any specified stratum or strata or portion thereof within the parcels, or (

b) the implementing of a progr am for the conservation of the mineral, or the co-ordinated management of interests in the mineral.

(2) If a person enters into an agreement for a unit operation, that person may file a copy of that agreement with the Registrar.

(3) When an agreement is filed with the Registrar under subsection (2), the Registrar shall endorse a memorandum of that agreement

RSA 2000

Section 50

Chapter L-4 LAND TITLES ACT 28 on the certificates of title of all the land specified in the agreement as being subject to the unit operation.

(4) Where there is filed with the Registrar (

a) a discharge in respect of an agreement for a unit operation that (

i) is executed by the person who is the unit operator, and (ii) specifies the land to which the discharge applies, a n d (

b) an affidavit of the unit operator stating (

i) that the unit operator is the unit operator for the agreement, (ii) that the unit operator has the authority pursuant to the agreement or a collateral agreement to discharge the agreement in respect of the land specified in the discharge, and (iii) that the unit operator has given notice of the intention to effect a discharge to the parties that will be affected by the discharge, the Registrar shall, in accordance with the discharge, cancel the registration of the agreement for the unit operation in respect of the land specified in the discharge.

RSA 1980 cL-5 s53;1988 c27 s26 Formalities in instrument 50(1) The Registrar may decide whether any instrument or caveat presented to the Registrar for registration is substantially in conformity with the proper prescribed form or not and may reject any instrument or caveat that the Registrar decides for any reason to be unfit for registration.

(2) When an instrument or caveat is presented to the Registrar for registration subject to any condition, the Registrar shall reject the instrument or caveat for registration if the condition is not satisfied at the time the instrument or caveat would otherwise be registered.

(3) Repealed 2020 c39 s7(10). RSA 2000 cL-4 s50;2020 c39 s7(10)

RSA 2000

Section 50.1

Chapter L-4 LAND TITLES ACT 29 Refusal to register 50.1(1) The Registrar may refuse to register a transfer, mortgage, encumbrance, caveat, lease or other instrument if for any reason it appears to the Registrar that the transaction may involve fraud.

(2) Without limiting subsection (1), the Registrar may refuse to register a transfer, mortgage, encumbrance, caveat, lease or other instrument if a person whose name appears on the instrument, or a person acting or purporting to act for a person whose name appears on the instrument, fails or refuses to produce identification documents in accordance with

section 43.1 that in the opinion of the Registrar are sufficient to establish the identity of the person. 2006 c21 s14 Land identification number 51(1) The Registrar may assign to a parcel of land a number for the purpose of facilitating the identification of the parcel in records, registers and instruments.

(2) The Registrar may require the number assigned under subsection (1) to be set out as part of the description of land. 1988 c27 s28 Undivided fractional interest in minerals 52 The Registrar may refuse to accept for registration any instrument transferring, encumbering, charging or otherwise disposing of an undivided fractional interest in a parcel of land containing mines and minerals, or any mineral, and being less than an undivided 1/20 of the whole interest in mines or minerals, or in any mineral contained in that parcel of land.

RSA 1980 cL-5 s55 Necessity of registration 53 After a certificate of title has been granted for any land, no instrument is effectual to pass any estate or interest in that land (except a leasehold interest for 3 years or for a less period) or to render that land liable as security for the payment of money, unless the instrument is executed in accordance with this Act and is registered under this Act, but on the registration of any such instrument in the manner hereinbefore prescribed the estate or interest specified in the instrument passes or, as the case may be, the land becomes liable as security in manner and subject to the covenants, conditions and contingencies set out and specified in the instrument or by this Act declared to be implied in instruments of a like nature.

RSA 1980 cL-5 s56

RSA 2000

Section 54

Chapter L-4 LAND TITLES ACT 30 Effect of registration 54 So soon as registered every instrument becomes operative according to its tenor and intent, and on registration creates, transfers, surrenders, charges or discharges, as the case may be, the land or the estate or interest in the land or estate mentioned in the instrument.

RSA 1980 cL-5 s57 Expropriation 55 On the registration of a certificate of approval under the Expropriation Act, the Registrar shall cancel the registration of the notice of intention to expropriate respecting the land to which the certificate applies that had been filed by the expropriating authority. RSA 1980 cL-5 s58 Priority of registration 56 Instruments registered in respect of or affecting the same land have priority the one over the other according to

section 14 and not according to the date of execution. RSA 1980 cL-5 s59 Electronic Submission, Filing and Registration

Definitions 56.1(1) For the purposes of sections 56.11 to 56.7 and

section 213, (a) “certification authority” me ans a certification authority designated by the Registrar under

section 56.41; (b) “digital signature” means a secure signature in electronic format; (

c) repealed 2023 c5 s7; (d) “other document” means any document, other than a submission form, instrument, plan or caveat, that is required or permitted to be filed or registered in the Land Titles Office under this Act or any other enactment; (

e) repealed 2023 c5 s7; (f) “submission form” means an electronic document satisfactory to the Registrar that includes the digital signature of the subscriber; (g) “subscriber” means an indi vidual who is authorized by a certificate issued under

section 56.51 to incorporate the

RSA 2000

Section 56.11

Chapter L-4 LAND TITLES ACT 31 individual’s digital signature into a submission form and to submit the submission form to the Registrar.

(2) Repealed 2023 c5 s7. 2015 c12 s3;2023 c5 s7 Registration of documents in electronic format 56.11 Subject to this Act and the regulations, the Registrar may register or file instruments, plans, caveats and other documents created or signed electronically, or both, and these instruments, plans, caveats and other documents shall not be unenforceable, ineffective or invalid solely by virtue of the fact that they were created or signed electronically, or both. 2015 c12 s3;2023 c5 s7 Registrar’s policies re documents in electronic format 56.12 The Registrar may establish policies respecting (

a) the submission of instruments, plans, caveats and other documents to the Registrar, including, without limitation, (

i) the contents and format of an instrument, plan, caveat or other document, and (ii) the manner and method of preparation and submission of an instrument, plan, caveat or other document, (

b) the classification of any i nstrument, plan, caveat or other document submitted electronically to the Registrar as an original or a copy, (

c) the use of digital signatures and their incorporation into an instrument, plan, caveat or other document submitted to the Registrar, and (

d) any matter prescribed by regulation for the purposes of th is section. 2023 c5 s7 Registrar’s policies re subscribers and submission forms 56.13 The Registrar may establish policies respecting the eligibility of individuals to become a subscriber and (

a) the contents and form at of a submission form, (

b) the manner and method of preparation and submission of a submission form, (

c) the use of digital signatures and their incorporation into a submission form, and

RSA 2000

Section 56.14

Chapter L-4 LAND TITLES ACT 32 (

d) any matter prescribed by regulation for the purposes of th is section. 2023 c5 s7 Publication and

interpretation of Registrar’s policies 56.14(1) The Regulations Act does not apply to a policy made under

section 56.12 or 56.13.

(2) The policies established under

section 56.12 or 56.13 must be made available to the public on a website designated by the Registrar and by any other means the Registrar considers appropriate.

(3) For greater certainty, if there is a conflict or inconsistency between the Registrar’s policies established under

section 56.12 or 56.13 and an enactment governing the creation, registration or filing of an instrument, plan, caveat or other document, the requirements set out in the enactment prevail to the extent of the conflict or inconsistency. 2023 c5 s7 Requirements re digital signatures on electronic instruments, plans, caveats and other documents 56.2(1) An electronic instrument, plan, caveat or other document that is submitted to the Registrar must be accompanied by a submission form.

(2) A digital signature must be incorporated into an instrument, plan, caveat or other document in compliance with (

a) this Act and the regulations, and (

b) the Registrar’s policies published under

section 56.12. (3) to

(5) Repealed 2023 c5 s7. 2015 c12 s3;2023 c5 s7 Requirements re digital signatures on a submission form 56.21 A submission form must incorporate a digital signature in accordance with (

a) this Act, (

b) the Registrar’s policies pu blished under

section 56.13, and (

c) the approved certificati on practice statement of the certification authority that issued the subscriber a certificate under

section 56.51, as applicable. 2023 c5 s7

RSA 2000

Section 56.31

Chapter L-4 LAND TITLES ACT 33 56.3 Repealed 2023 c5 s7. Production of information 56.31(1) On receiving a submission form, the Registrar may require a subscriber to produce any information that the Registrar considers necessary to ensure that the instruments, plans, caveats and other documents received by the Land Titles Office are valid and accurate.

(2) The Registrar may refuse to accept, register or file an instrument, plan, caveat or other document submitted electronically if the subscriber does not produce the information required by the Registrar. 2015 c12 s3;2023 c5 s7 Evidentiary matters 56.4(1) Repealed 2023 c5 s7.

(2) A copy of a submission form, instrument, plan, caveat or other document that is (

a) obtained from the records of the Land Titles Office, and (

b) certified by the Registrar a s being an accurate representation of the original of the submission form, instrument, plan, caveat or other document is, in the absence of evidence to the contrary, conclusive evidence of the original and is admissible in a court to the same extent as the original.

(3) A certification of the Registrar referred to in subsection (2) is conclusive evidence that (

a) the technology and procedure used by the Registrar to receive, store, retrieve and copy the submission form, instrument, plan, caveat or other document is capable of recording and reproducing all significant details of the submission form, instrument, plan, caveat or other document without any additions, deletions, omissions or changes, and (

b) the submission form, instrument, plan, caveat or other document was received, stored, retrieved and copied by the Registrar in the usual and ordinary course of business. (4),

(5) Repealed 2023 c5 s7. 2015 c12 s3;2023 c5 s7

RSA 2000

Section 56.41

Chapter L-4 LAND TITLES ACT 34 Certification authority 56.41(1) The Registrar may designate a person as a certification authority for the purposes of this Act, as provided in this section.

(1.1) Before designating a person as a certification authority, the Registrar may require the person to satisfy the Registrar that (

a) the person has adopted an d published a certification practice statement approved by the Registrar, (

b) the person is capable of ad ministering and complying with the certification practice statement referred to in clause (a), and (

c) the subscribers named in certificates issued by the person will be required to observe and comply with the certification practice statement referred to in clause (a).

(2) The Registrar may enter into an agreement with a person referred to in subsection (1) for the purpose of establishing the terms and conditions of the designation. 2015 c12 s3;2023 c5 s7 Certification practice statement 56.5(1) A certification practice statement must contain (

a) a statement of the qualifi cations for eligibility to become a subscriber, (

b) a description of the policie s, practices and procedures to be used by the certification authority in (

i) issuing, administering, suspending and revoking a certificate, (ii) providing access to the i nformation contained in a certificate, and (iii) establishing and maintaining the security and validity o f digital signatures of subscribers, (

c) a description of the pr actices and procedures that a subscriber must follow, including, without limitation, practices and procedures to ensure the security and validity of that subscriber’s digital signature, and (

d) any other content that the Registrar or certification auth ority considers necessary.

RSA 2000

Section 56.51

Chapter L-4 LAND TITLES ACT 35

(2) The Registrar may require a certification authority to make changes to an approved certification practice statement to address (

a) changes to the Registra r’s policies, practices and procedures, or (

b) issues respecting a certification authority.

(3) No change to a certification practice statement has force or effect until it has been approved by the Registrar.

(4) Repealed 2023 c5 s7. 2015 c12 s3;2023 c5 s7 Issuance of certificate re digital signature 56.51(1) The Registrar or a certification authority may issue a certificate to an individual to authorize the individual to incorporate the individual’s digital signature into submission forms.

(2) A certificate issued under subsection (1) may impose restrictions or conditions on the authorization.

(3) The Registrar or certification authority, as the case may be, may suspend or revoke a certificate issued under subsection (1) if the subscriber fails to comply with this Act, the Registrar’s policies published under

section 56.13, the approved certification practice statement or other applicable standards, guidelines or policies.

(3.1) The Registrar may suspend or cancel a certificate issued under subsection (1) if the Registrar considers that it is in the public interest to do so.

(4) A certification authority shall maintain a directory of subscribers to whom the certification authority has issued a certificate. 2015 c12 s3;2023 c5 s7 Warranties of certification authority 56.6 The issuance of a certificate by a certification authority constitutes a warranty by the certification authority that (

a) to the knowledge of the certification authority, the information contained in the certificate is true, (

b) the individual to whom the certificate was issued is eligible to be a subscriber under the requirements set out in the approved certification practice statement and the Registrar’s policies published under

section 56.13,

RSA 2000

Section 56.61

Chapter L-4 LAND TITLES ACT 36 (

c) the certificate was issued i n accordance with the approved certification practice statement, (

d) the individual to whom the certificate was issued has agreed to observe and comply with the requirements of the approved certification practice statement, and (

e) where necessary, the certification authority will act promptly to suspend or revoke the certificate in accordance with the requirements of the approved certification practice statement. 2015 c12 s3;2023 c5 s7 Immunity 56.61 No action lies and no proceeding may be brought against a certification authority in respect of any loss or damage arising out of an unlawful or negligent act or omission of a subscriber under this Act or the regulations in the absence of an unlawful or negligent act or omission by the certification authority in relation to the exercise of its powers or performance of its duties under this Act or the regulations. 2015 c12 s3 Offences re digital signatures 56.7 A person who (

a) incorporates the person’s digital signature into a submiss ion form, instrument, plan, caveat or other document without first complying with the requirements of this Act, the regulations or the Registrar’s policies published under

section 56.12 or 56.13, or (

b) incorporates the digital signature of another person into a submission form, instrument, plan, caveat or other document is guilty of an offence and subject to a fine of not more than $10 000 or imprisonment for a term of not more than 6 months. 2015 c12 s3;2023 c5 s7 Effect of Registration Implied covenants 57 In every instrument transferring, encumbering or charging land for which a certificate of title has been granted, there shall be implied the following covenant by the transferor or encumbrancer: That the transferor or encumbrancer will do any acts and execute any instruments that in accordance with this Act are necessary to give effect to all covenants, conditions and purposes expressly set

RSA 2000

Section 58

Chapter L-4 LAND TITLES ACT 37 out in the instrument or by this Act declared to be implied against that person in instruments of a like nature.

RSA 1980 cL-5 s61 Implied covenants in transfer 58(1) In every instrument transferring land for which a certificate of title has been granted, subject to mortgage or encumbrance, there shall be implied the following covenant by the transferee both with the transferor and the mortgagee: That the transferee will pay the principal money, interest, annuity or rent charge secured by the mortgage or encumbrance, after the rate and at the time specified in the instrument creating it, and will indemnify and keep harmless the transferor from and against the principal sum or other money secured by the instrument and from and against the liability in respect of any of the covenants contained in the instrument or under this Act implied on the part of the transferor.

(2) If a transferee declines to register any such transfer, the transferor or the mortgagee may by notice call on the transferee or any other person or persons that a judge may direct to show cause why it should not be registered, and on the return of the notice the judge may order the registration of the transfer within a time named or make any further or other order and on any terms as to costs and otherwise that to the judge seem proper. RSA 1980 cL-5 s62 Negation and modification of implied covenants 59(1) Every covenant and power declared to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument.

(2) In an action for a supposed breach of any such covenant, the covenant alleged to be broken may be set out and it may be alleged that the party against whom the action is brought did so covenant, precisely in the same manner as if the covenant had been expressed in words in the transfer or other instrument, any law or practice to the contrary notwithstanding.

(3) Every such implied covenant has the same force and effect and is enforceable in the same manner as if it had been set out at length in the transfer or other instrument.

(4) When any transfer or other instrument in accordance with this Act is executed by more parties than one, the covenants that are by this Act to be implied in instruments of a like nature shall be construed to be several and not to bind the parties jointly. RSA 1980 cL-5 s63

RSA 2000

Section 60

Chapter L-4 LAND TITLES ACT 38 Obligation affecting land 60(1) The owner of land in whose name a certificate of title has been granted shall, except in case of fraud in which the owner has participated or colluded, hold it, subject (in addition to the incidents implied by virtue of this Act) to the encumbrances, liens, estates and interests that are endorsed on the certificate of title, absolutely free from all other encumbrances, liens, estates or interests whatsoever except the estate or interest of an owner claiming the same land under a prior certificate of title granted under this Act or granted under any law heretofore in force and relating to title to real property.

(2) Such priority shall, in favour of any person in possession of land, be computed with reference to the grant or earliest certificate of title under which the person claiming priority or any person through whom that person derives title has held possession. RSA 1980 cL-5 s64;1988 c27 s29 Implied conditions 61(1) The land mentioned in any certificate of title granted under this Act is, by implication and without any special mention in the certificate of title, subject to (

a) any subsisting reservations or exceptions, including royalties, contained in the original grant of the land from the Crown, (

b) all unpaid taxes, including irrigation charges and drainag e district rates, (

c) any public highway or right of way or other public easement, howsoever created, on, over or in respect of the land, (

d) any subsisting lease or agreement for a lease for a period not exceeding 3 years, if there is actual occupation of the land under the lease or agreement, (

e) any right of expropriation that may by statute be vested i n any person or corporation or His Majesty, and (

f) any right of way or other easement granted or acquired under any Act or law in force in Alberta.

(2) Land mentioned in a certificate of title issued under

Part 10 of the Municipal Government Act or

Part 6 of the Irrigation Districts Act or in a certificate of title based on a foreclosure order, notwithstanding any other Act is, by implication and without any special mention in the certificate of title, subject to

RSA 2000

Section 62

Chapter L-4 LAND TITLES ACT 39 (

a) any easement or incorporeal right, a memorandum of which has been made under

section 67, 69 or 70, (

b) any instrument registered under

section 69(4), (

c) any condition or covenant running with or annexed to the land and registered under

section 48, and (

d) any caveat protecting any su ch easement, incorporeal right, condition or covenant, duly filed, (

e) repealed 2004 cH-8.5 s68 if the registration, endorsement or filing, as the case may be, was made prior to the registration of the judge’s adjudication on the enforcement return under the Irrigation Districts Act or to the date of registration of the mortgage with respect to which a foreclosure order was made, as the case may be.

RSA 2000 cL-4 s61;RSA 2000 cD-16 s79;2004 cH-8.5 s68; 2017 c22 s32;AR 217/2022 Certificate as evidence of title 62(1) Every certificate of title granted under this Act (except in case of fraud in which the owner has participated or colluded), so long as it remains in force and uncancelled under this Act, is conclusive proof in all courts as against His Majesty and all persons whomsoever that the person named in the certificate is entitled to the land included in the certificate for the estate or interest specified in the certificate, subject to the exceptions and reservations mentioned in

section 61, except so far as regards any portion of land by wrong description of boundaries or parcels included in the certificate of title and except as against any person claiming under a prior certificate of title granted under this Act or granted under any law heretofore in force relating to titles to real property in respect of the same land.

(2) For the purpose of this section, that person is deemed to claim under a prior certificate of title who is holder of or whose claim is derived directly or indirectly from the person who was the holder of the earliest certificate of title granted, notwithstanding that the certificate of title has been surrendered and a new certificate of title has been granted on any transfer or other instrument. RSA 2000 cL-4 s62;AR 217/2022 Omission to send notice 63 A purchaser, mortgagee or encumbrancee for valuable consideration is not affected by the omission to send any notice by this Act directed to be given or by the non-receipt of that notice. RSA 1980 cL-5 s67

RSA 2000

Section 64

Chapter L-4 LAND TITLES ACT 40 Transfers Transfers 64(1) When land for which a certificate of title has been granted is intended to be transferred, the owner may execute a transfer in the prescribed form.

(2) When land for which a certificate of title has been granted is intended to be made subject to a right of way or other easement, the registered owner may execute an instrument granting the easement or right of way in the prescribed form.

(3) A transfer made pursuant to subsection (1) or an instrument made pursuant to subsection (2) shall (

a) give a description of the land that is sufficient to ident ify it, and (

b) contain an accurate statem ent of the estate or interest intended to be transferred or created. RSA 1980 cL-5 s68;1982 c23 s6;1988 c27 s31 Transfer levy 64.1(1) Subject to subsections (4.1) and (5) and

section 64.2, a transferee named in any of the following instruments shall pay to the Registrar a levy, as provided in this section, for registration of the instrument: (

a) an instrument that, on registration, creates a leasehold e state in land; (

b) an instrument that, on registration, results in a transfer of ownership of land other than a transfer of ownership of land correcting an error in a previous transaction or reversing an aborted sale transaction; (

c) a court order, other than a court order correcting an error in a previous transaction or reversing an aborted sale transaction, that, on registration, (

i) creates a leasehold estate in land, or (ii) results in a transfer of ownership of land.

(2) The levy referred to in subsection (1) is an amount equal to $50 plus $5 for each $5000 or portion thereof of the value of the land or interest in land to which the instrument relates.

RSA 2000

Section 64.1

Chapter L-4 LAND TITLES ACT 41

(3) For the purposes of subsection (2), the transferee of a leasehold estate in land, or an agent of the transferee, must value the leasehold estate in land at (

a) the value of the land, including the value of any leasehol d improvements intended to be made, or (

b) the amount determined by multiplying 5% of the value of the land as determined in clause (

a) by the number of years or portion thereof remaining in the term of the lease.

(4) If the Registrar does not accept the instrument for registration, the Registrar shall return the levy to the transferee.

(4.1) Subject to

section 64.3, subsection (1)(

b) does not apply to a transferee named in an instrument described in that subsection if (

a) the transferee’s sole purpose for being registered as the owner of the land is to transfer, as soon as practicable after being registered as the owner, ownership of the land to another person with whom the transferee, in the capacity of a mortgagee and in respect of the land, has entered into a mortgage agreement, (

b) under that mortgage agreement, the mortgagor is not required to pay interest on the loan or debt secured by the mortgage, and (

c) the transferee provides to the Registrar, together with th e instrument for registration, an affidavit by the transferee or an agent of the transferee, in the prescribed form, verifying that (

i) the transfer of ownership of land is being made for the purpose described in clause (a), and (ii) the transferee has entered into a mortgage agreement that complies with clause (b). (5) Subsection (1) does not apply to (

a) the Crown in right of Canada, or (

b) the Crown in right of Alberta other than (

i) an agent of the Crown in right of Alberta, (ii) the Minister of Municipal Affairs when the Minister, acting in accordance with

Part 10 of the Municipal Government Act, is a transferee, and

RSA 2000

Section 64.2

Chapter L-4 LAND TITLES ACT 42 (iii) the Public Trustee. 2024 c4 s5;2024 c15 s9 Transitional 64.2(1)

Section 64.1(1) does not apply to a transferee described in that subsection if the instrument was submitted to the Registrar before the coming into force of

section 64.1.

(2) If the instrument was submitted to the Registrar before the coming into force of

section 64.1, a transferee described in

section 64.1(1) shall pay to the Registrar the fees for registration of the instrument set out in the Tariff of Fees Regulation (AR 120/2000) as it read immediately before the coming into force of

section 64.1.

(3) The Registrar shall not register the instrument until the Registrar has received the fees referred to in subsection (2).

(4) If the Registrar does not accept the instrument for registration, the Registrar shall return the fees referred to in subsection (2) to the transferee. 2024 c4 s5 Transitional re certain exception 64.3 If an instrument described in

section 64.1(1)(

b) was submitted to the Registrar for registration before the coming into force of

section 64.1(4.1), the transferee described in

section 64.1(4.1) shall pay to the Registrar, as applicable, (

a) the levy for registration of the instrument required under

section 64.1 as it read immediately before the coming into force of

section 64.1(4.1), or (

b) the fee for registration of the instrument required under

section 64.2. 2024 c15 s9 Registration of transfer affecting joint tenancy 65 The Registrar shall not register a transfer that has the effect of severing a joint tenancy unless (

a) the transfer is execute d by all the joint tenants, (

b) all the joint tenants, oth er than those executing the transfer, give their written consent to the transfer, or (

c) the Registrar is provided w ith evidence satisfactory to the Registrar that all the joint tenants who have not executed the transfer or given their written consent to the transfer have by (

i) personal service, or

RSA 2000

Section 66

Chapter L-4 LAND TITLES ACT 43 (ii) substitutional service pursuant to a court order, been given written notice of the intention to register the transfer. 1985 c48 s2(15) Transfer of Crown land 66(1) When land for which a certificate of title has been granted to the Crown in right of Alberta is intended to be transferred, or any right of way or other easement is intended to be created or transferred, a Minister of the Crown or any person authorized by statute or by order in council to do so may execute a transfer in the prescribed form or to the like effect.

(2) If subsection (1) applies, it is not necessary for the Crown or an agent of the Crown to make and subscribe an oath or affirmation required by the transferor of land under

section 164 of this Act or any affidavit or certificate required by the Dower Act. RSA 1980 cL-5 s69 Memorandum of easements on certificate 67 When an easement or an incorporeal right in or over land for which a certificate of title has been granted is created for the purpose of being annexed to or used and enjoyed together with other land for which a certificate of title has also been granted, the Registrar shall make a memorandum of the instrument creating the easement or incorporeal right on the existing certificates of title of the dominant and servient tenements respectively.

RSA 1980 cL-5 s70;1988 c27 s32 Grant of easement, etc. by owner to himself or herself 68(1) An owner may grant to himself or herself an easement or restrictive covenant for the benefit of land that the owner owns and against land that the owner owns and the easement or restrictive covenant may be registered under this Act.

(2) When the dominant and servient tenements are registered in the name of the same person, an easement under subsection (1) is not merged by reason of the common ownership. RSA 1980 cL-5 s71 Utility right of way 69(1) If the registered owner of land grants to the Crown or a corporation a right on, over or under the land for (

a) carrying, laying, constru cting, maintaining or using conduits, cables, wires, poles or transmission lines,

RSA 2000

Section 70

Chapter L-4 LAND TITLES ACT 44 (

b) laying, constructing, maintaining and operating pipelines for the transmission, transportation or conduct of any substance, (

c) conveying water, (

d) drainage, irrigation, flooding or erosion, (

e) disposing of sewage, (

f) constructing or maintaining a public work, (

g) constructing, maintaining and operating a railway, street railway or light rail transit, or (

h) constructing, maintaining and operating a temporary roadway, the instrument granting the right may be registered under this Act.

(2) The Crown or a corporation as a registered owner may grant to itself a right for any purpose described in subsection (1).

(3) On registration, the grantee has the right to use the land in accordance with the terms of the grant and that right runs with the land notwithstanding that the benefit of the right is not appurtenant or annexed to any land of the grantee.

(4) An instrument purporting to transfer, mortgage or encumber any right granted by an instrument registered under subsection (1) and executed by or on behalf of the grantee may be registered under this Act.

(5) The grantee may at any time, by an instrument to that effect registered under this Act, surrender the right granted by an instrument registered under subsection (1).

(6) Notwithstanding subsection (5), a right that is subject to a mortgage or encumbrance shall not be surrendered unless the surrender is consented to by the mortgagee or encumbrancee. RSA 1980 cL-5 s72;1985 c48 s2(16) Rights of way on closed roads 70(1) When an authority requests the Registrar to issue a certificate of title for land that comprised a public road that the authority has permanently closed, the authority shall notify the Registrar of the particulars of any right granted under

section 69 that (

a) existed in respect of that l and immediately before that land became a public road, and

RSA 2000

Section 71

Chapter L-4 LAND TITLES ACT 45 (

b) would still exist in respect of that land if the land had not become a public road.

(2) On being notified under subsection (1), the Registrar shall enter on the certificate of title a memorandum of the instrument relating to the right in respect of which the notice was given.

(3) The entering of a memorandum on a certificate of title under subsection (2) revives the right effective on the day that the memorandum is entered on the certificate of title. 1985 c48 s2(16) Party wall agreement 71(1) In this section, “party wall agreement” includes a declaration registered under subsection (3).

(2) A party wall agreement entered into by persons who are registered owners of adjoining parcels of land (

a) declaring certain existing walls or walls that are to be constructed on those parcels to be party walls, and (

b) setting out the rights, privileges, easements and covenant s that exist in respect of the party walls, may be registered.

(3) A person who is the registered owner of adjoining parcels of land may register a declaration (

a) declaring certain existing walls or walls that are to be constructed on those parcels to be party walls, and (

b) setting out the rights, privileges, easements and covenant s that exist in respect of the party walls.

(4) When land under this Act is subject to, or has as appurtenant to it, or enjoyed with it, any rights, privileges, easements and covenants under a party wall agreement, those rights, privileges, easements and covenants are deemed to run with the land. 1985 c48 s2(16) Encroachment agreement 72(1) An encroachment agreement executed by the registered owner of a parcel of land to permit the encroachment of improvements made on an adjoining parcel of land (

a) may be registered against t he parcels of land affected by that agreement, and

RSA 2000

Section 73

Chapter L-4 LAND TITLES ACT 46 (

b) after registration shall be binding on and enures to the benefit of all persons subsequently acquiring interests in the parcels of land affected by that agreement to the same extent as if it were an easement.

(2) Notwithstanding subsection (1), before an encroachment agreement may be registered against a parcel of land under subsection (1)(a), certificates of title must exist for all parcels of land affected by the agreement, including the parcel of land that is subject to the encroachment and the parcel of land that is to benefit from the encroachment. 1985 c48 s2(16);1999 c10 s13 Cancellation of certain encumbrances 73(1) The Registrar shall cancel the registration in whole or in part of an easement, a restrictive covenant, a party wall agreement or an encroachment agreement on production of a discharge in the prescribed form signed by the registered owner of the dominant tenement.

(2) The Registrar may, on application by an owner of land that is affected by an instrument referred to in subsection (1), cancel the registration of that instrument in whole or in

part if the Registrar is satisfied that the interest created by the instrument has expired through the passage of time in accordance with an express provision in the instrument. 1985 c48 s2(16);1988 c27 s33;1996 c32 s5(10) Registration of judgment recovered under

section 69 of Law of Property Act 74(1) Any person recovering a judgment under

section 69(2)(

b) or (

c) or 69(3)(

b) or (

c) of the Law of Property Act may file a certified copy of the judgment in the Land Titles Office.

(2) Subject to

section 191, the Registrar shall (

a) enter on the certificate of title a memorandum cancelling the certificate of title, in whole or in part, according to the terms of the judgment, and (

b) issue a new certificate of title to the person recovering the judgment. RSA 2000 cL-4 s74;2007 c22 s2;2022 c23 s1 Effect of former provision 74.1(1) In this section, “former provision” means

section 74(1) as it read immediately before the coming into force of the Property Rights Statutes Amendment Act, 2022.

RSA 2000

Section 75

Chapter L-4 LAND TITLES ACT 47

(2) Any successful claim to quiet title recovered under the former provision continues.

(3) Claims to quiet title commenced under the former provision and not concluded before the coming into force of the Property Rights Statutes Amendment Act, 2022 may proceed as if the 10-year limitation period under the Limitations Act to recover possession of land is in force.

(4) The Registrar shall continue to issue a certificate of title under

section 74(2)(

b) on the basis of a judgment issued in an action commenced under the former provision and not concluded before the coming into force of the Property Rights Statutes Amendment Act, 2022. 2022 c23 s1 Transfers New certificates re consolidations, etc. 75(1) On the application by or on behalf of the registered owner of land, the Registrar may separate or consolidate parcels or interests in land by cancelling the existing certificate of title for that parcel or interest and issuing in substitution for that certificate of title one or more new certificates of title.

(2) Where an application is made under subsection (1) (

a) for the purpose of consolid ating 2 adjacent parcels of land into one certificate of title, and (

b) one of the parcels includ ed in the consolidation was (

i) formerly (

A) a public road, right of way, drainage ditch or canal, or (

B) the bed and shore of a body of water, o r (ii) transferred to or vested in the registered owner to accommodate an encroachment or rights to exclusive possession, all encumbrances registered or caveated against the other parcel immediately prior to the application are deemed to apply to all the land comprised in the consolidated parcel. 1988 c27 s36;1999 c10 s14

RSA 2000

Section 76

Chapter L-4 LAND TITLES ACT 48 Registration of instrument, etc. re Municipal Government Act 76(1) No instrument or caveat shall be registered in contravention of

Part 17 of the Municipal Government Act or the regulations made under that Part.

(2) Notwithstanding subsection (1), if a registration of an instrument or caveat is made in contravention of subsection (1), that registration ceases to be voidable when any person has in good faith acquired rights for value in the subdivided land. 1988 c27 s36;1995 c24 s100 Illustration of plan of survey 77(1) A plan of survey shall not be registered unless the plan of survey (

a) illustrates and represents t he survey as made on the ground in accordance with the Surveys Act, (

b) is prepared (

i) to the satisfaction of the R egistrar, so that it contains the information and details that the Registrar considers appropriate, and (ii) on a medium or material o r in a digital format approved by the Registrar, (

c) states the purpose of the survey, and (

d) is certified in the prescribed form.

(2) The illustration of a survey made under subsection (1)(

a) shall include (

a) the position and nature of all survey monuments found and placed in the course of the survey, (

b) subject to subsection (3), the original boundary lines of any parcel of land affected by the survey and any boundary line established by the survey, and (

c) a sufficient number of measurements, as is necessary to enable the position of the parcels established by the survey to be located on the ground.

(3) If, in the opinion of the Registrar, it is not necessary to show all of the original boundaries of a parcel of land in order to determine the position of the land intended to be dealt with, it is sufficient to

RSA 2000

Section 78

Chapter L-4 LAND TITLES ACT 49 show only the information in regard to the boundaries that the Registrar determines to be necessary. 1988 c27 s36;1996 c32 s5(12);1999 c6 s10;1999 c10 s15 Requirements re plan 78 Notwithstanding anything in this or any other Act, where a plan is required to be signed, consented to or certified or otherwise endorsed, the Registrar may instead require that the signature, consent, certificate or endorsement be executed or otherwise placed, in a manner acceptable to the Registrar, on an attachment that references the plan. 1988 c27 s36;1999 c10 s16 Requirements for registration 79(1) Before a plan is registered, amended, altered or corrected the Registrar may do one or more of the following: (

a) require a written explanation of (

i) any apparent discrepancy between the plan and the description of the land in the register or any former plan, or (ii) any other matter shown on or affecting the plan, that in the Registrar’s opinion requires an explanation; (

b) require the plan of survey to be submitted to the Director of Surveys for confirmation that the survey as represented by the plan complies with the requirements of the Surveys Act; (

c) require the Director of Surveys to cause the survey as illustrated on the plan to be verified on the ground.

(2) The registration of a plan under this Act does not relieve the Alberta land surveyor who conducted the survey and prepared the plan from any liability for damages suffered by any person as a consequence of the survey or the registration of the plan. 1988 c27 s36 Survey re transfer 80(1) Where the owner of land or a person who claims an interest in land desires to transfer or otherwise deal with the land or interest, the Registrar may, before registering any instrument or caveat to transfer or deal with the land, require the owner or other person (

a) to have the land surveyed by an Alberta land surveyor, and

RSA 2000

Section 81

Chapter L-4 LAND TITLES ACT 50 (

b) to submit for registration a plan of survey signed by the owner or the other person.

(2) No instrument or caveat shall be registered with respect to the land referred to in subsection (1) until the owner or other person has complied with the Registrar’s requirements under subsection (1). 1988 c27 s36 Registration of plan of survey 81(1) A plan of survey prepared in respect of land may be registered, where the land is required for one or more of the following: (

a) an easement or a right of way; (

b) a purpose incidental to the undertaking for which a right of way is required; (

c) a purpose with r espect to a railway; (

d) another purpose approved by the Registrar and not otherwise referred to in this Act.

(2) A plan referred to in subsection (1) shall be signed by the person who requested the plan of survey to be made.

(3) The registration of a plan under this

section does not (

a) affect the title to the land shown on the plan, or (

b) convey any interest or right to any person. 1988 c27 s36 Plan of survey re public works, etc. 82(1) When (

a) a notification or a plan of survey that is prepared in respect of a public work under the Public Works Act or the Municipal Government Act, or (

b) a certificate of approval th at is prepared in respect of works to which the Expropriation Act applies, is submitted for registration, the Registrar shall act under subsection (2).

(2) When subsection (1) applies, the Registrar shall

RSA 2000

Section 83

Chapter L-4 LAND TITLES ACT 51 (

a) register the notification, p lan or certificate that is submitted for registration, (

b) make the necessary endorsem ents on or cancellations of the appropriate certificates of title, and (

c) issue, when appropriate, free of all encumbrances, a new certificate of title for the area taken in accordance with the notification, plan or certificate.

(3) Notwithstanding subsection (2)(c), where (

a) the area taken consists of a public highway, road, street or lane, and (

b) a plan of survey referred to in subsection (1)(

a) has been submitted for registration in respect of the area taken, a certificate of title shall not be issued with respect to that area.

(4) Where an instrument is registered under subsection (2), that registration vests the interest taken in the Crown in right of Alberta or in a municipality or other authority, as the case may be, but does not affect the right of a person who held an interest in the land to compensation for that interest.

(5) The Crown, municipality or other authority is not entitled to any mines or minerals in land vested in it under this section, and the title to the mines and minerals is not affected by the registration of a notification, plan of survey or certificate of approval, unless the mines and minerals are expressly acquired by the Crown, municipality or other authority, as the case may be.

(6) For the purpose of excepting an area that is required for a public work from a certificate of title as the certificate of title is issued when land is granted by the Crown, the Registrar may accept for registration a plan prepared by the Director of Surveys showing the area affected by the public work. 1988 c27 s36;1996 c32 s5(13);1999 c10 s17 Plan of survey re transfer, etc. 83(1) A registered owner who desires to transfer or otherwise deal with land described in a certificate of title may (

a) have the boundaries of the land surveyed by an Alberta lan d surveyor, and (

b) submit for registration a plan of survey of the land.

RSA 2000

Section 84

Chapter L-4 LAND TITLES ACT 52

(2) A plan of survey that is submitted for registration under this

section must be signed by the registered owner of the land.

(3) On registration of the plan of survey, the Registrar shall cancel the existing certificate of title and issue to the registered owner a new certificate of title to the land as shown on the plan. 1988 c27 s36;1999 c10 s18 Plan of survey re subdivision 84(1) A plan of survey subdividing land may be registered.

(2) A plan of subdivision that is submitted for registration shall (

a) be signed by the registered owner of the land, (

b) show the numbers or letters of the parcels illustrated on the plan, and (

c) show all public roadways and other areas dedicated or set apart for public purposes and indicate the courses and width of each of them.

(3) The registration under this

section of a plan of subdivision vests title, free of all encumbrances, to all land (

a) that is shown on the plan as (

i) an environmental reserve or municipal reserve, or (ii) a public utility parcel, in the municipality in which the land is situated, or in the Crown in right of Alberta in the case of land that is situated in an improvement district or special area, (

b) that is shown on the plan as a school reserve, in the scho ol authority as defined in

Part 17 of the Municipal Government Act, or (

c) that is shown on the plan as a municipal and school reserve, (

i) in the school authority a s defined in

Part 17 of the Municipal Government Act and the municipality, or (ii) in the school authority a s defined in

Part 17 of the Municipal Government Act and the Crown in right of Alberta in the case of land that is situated in an improvement district or special area.

RSA 2000

Section 85

Chapter L-4 LAND TITLES ACT 53

(4) The registration of a plan of subdivision does not affect the title to mines and minerals in the land affected by the plan.

(5) On registration of a plan of subdivision under this section, the Registrar shall (

a) cancel the existing certif icate of title, except as to mines and minerals, (

b) issue new certificates of title to the parcels as shown on the plan, including the reserves and public utility parcels referred to in subsection (3), and (

c) not issue a certificate of title in respect of land that is shown on the plan as a public highway, road, street or lane. RSA 2000 cL-4 s84;2023 c9 s16 Signatures of encumbrancees 85(1) A plan that has the effect of subdividing land shall be signed by each person shown on the certificate of title for the land included in the plan as having an interest pursuant to a registered instrument or caveat, other than (

a) a mortgage of a utility right of way, (

b) a restrictive covenant, (

c) a zoning restriction, or (

d) a writ of enforcement, if the interest is affected by the subdivision. (2) Subsection (1) does not apply to a plan of subdivision, other than a condominium plan or strata space plan, in which there is no dedication of land for any public purposes.

(3) A person whose signature is required on a plan under subsection (1) may, instead of signing the plan, sign a consent in the prescribed form.

(4) If for any reason a signature required under this

section cannot be obtained, an application may be made to the court for an order dispensing with the signature on any terms and conditions that the court may impose. RSA 2000 cL-4 s85;2009 c53 s95;2023 c9 s16 Strata space 86(1) In this section, “strata space” means volumetric space, whether it is

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a) located below or above or below and above the surface of the land, or (

b) occupied in whole or in part by any structure, and that is shown as strata space on a strata space plan.

(2) A registered owner subdividing volumetric space, other than mines and minerals lying on or under the surface of the land, into strata spaces shall present a plan of survey to the Registrar for registration under this Act.

(3) Volumetric space shall not be subdivided into strata spaces unless the land in relation to which the subdivision is to be made is shown as a single parcel on a plan of survey registered under this Act.

(4) The boundaries of a strata space (

a) may consist of ve rtical, horizontal or inclined planes or curved surfaces that are satisfactory to the Registrar, and (

b) shall conform to or lie with in the boundaries of the single parcel referred to in subsection (3).

(5) A strata space plan shall (

a) s h o w (

i) the boundaries of the volumetric space that is to be subdivided into strata spaces, and (ii) the boundaries of each strata space, (

b) include a diagram to scale of the survey of the perimeter of the land affected, (

c) have noted on it the elevation of each corner or angle of the strata spaces in relation to monuments of known elevation or survey control markers in accordance with the Surveys Act, (

d) assign a suitable letter or number to each strata space and designate each space as a strata space, (

e) be signed by the registered owner of the land, and (

f) show any other details tha t the Registrar may require.

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(6) On registration of the strata space plan, the Registrar shall cancel the existing certificate of title to the extent necessary and issue new certificates of title to the strata spaces shown on the strata space plan. 1988 c27 s36 Statutory plan 87(1) A plan prepared in accordance with (

a) an Act of the Parliament of Canada, or (

b) an Act of the Legislature of Alberta, that is deposited, filed or registered with the Registrar in accordance with that Act shall be dealt with and recognized by the Registrar insofar as it is capable of being dealt with and recognized under this Act.

(2) A plan that is to be deposited, filed or registered with the Registrar pursuant to another Act of the Legislature of Alberta must be prepared in a manner that is satisfactory to the Registrar notwithstanding the provisions of that other Act. 1988 c27 s36 Registration of descriptive plans 88(1) The Registrar may (

a) cause a plan that illustrate s boundaries to be prepared and registered in respect of a parcel of land described in a certificate of title, or (

b) permit a plan that is not a plan of survey to be registere d if the Registrar (

i) is satisfied that the circ umstances do not justify the preparation of a plan of survey, and (ii) has given the Registrar’s prior approval to the plan’s being prepared.

(2) If a plan referred to in subsection (1)(

b) has the effect of subdividing land, it shall not include (

a) more than 2 p arcels of land, or (

b) any land dedicated for public purposes.

(3) A plan prepared under subsection (1) shall (

a) be styled as a “descriptive plan”,

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b) be prepared in a manner and on a medium or material that i s satisfactory to the Registrar, (

c) contain sufficient detail so that, in the opinion of the Registrar, the parcel boundaries can be ascertained from the plan, and (

d) if the plan was prepared under subsection (1)(b), be signe d by (

i) an Alberta land surveyor, and (ii) any other person whose signature would be required if the plan were a plan of survey.

(4) When a descriptive plan is registered under subsection (1)(a), the Registrar shall (

a) cancel the existing certif icate of title and issue a new certificate of title to the parcel as shown on the plan, and (

b) notify the registered owner and all other persons having a registered or caveated interest in the parcel that the description of the parcel has been changed.

(5) When a descriptive plan is registered under subsection (1)(b), the Registrar shall deal with the plan as if it were a plan of survey. 1988 c27 s36 Change in natural boundary 89(1) Where a parcel of land that adjoins land owned by the Crown in right of Alberta has a natural boundary, the Registrar, on application by the registered owner of the parcel or the Crown, may amend the description of the parcel to reflect the current location of the natural boundary.

(2) Where a parcel of land (

a) had adjoined land owned by the Crown in right of Alberta, and (

b) had a natural boundar y that no longer exists, the Registrar, on application by the registered owner of the parcel, may amend the description of the parcel to reflect the non-existence of the natural boundary.

(3) An application under subsection (1) or (2) shall be accompanied

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a) in the case where the natur al boundary still exists, with a plan of survey or other evidence satisfactory to the Registrar showing the location of the natural boundary, (

b) in the case where the natural boundary no longer exists, w ith evidence satisfactory to the Registrar of the non-existence of the natural boundary, (

c) with the consent of the Minister charged with the administration of the adjoining land or a person authorized by the Minister, where the Crown is not the applicant, and (

d) with the consent of the regi stered owners of parcels that may be adversely affected by the amendment of the description. 1988 c27 s36 Actual area of land 90 Every parcel of land described in a certificate of title consists only of the actual area within its legal boundaries and no more or less, notwithstanding that a certificate of title or other instrument that describes the parcel expresses an area that is more or less than the actual area. 1988 c27 s36 Application to vary plan 91(1) A court may, on application and on hearing the persons to whom notice of the application was given, (

a) order a plan to be cancelle d, in whole or in part, amended, altered or corrected, and (

b) make any order with respect to the vesting or revesting of any land included in the plan, on any terms or conditions as to costs and otherwise as the court considers proper.

(2) An application for an order under subsection (1) may be made by (

a) a person who caused a plan to be registered, (

b) a person deriving title to or some other interest in any land shown on a plan, (

c) an Alberta land surveyor who signed a plan or, if that Alberta land surveyor is deceased, retired or otherwise unable to act, an Alberta land surveyor appointed by the

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Chapter L-4 LAND TITLES ACT 58 Council of the Alberta Land Surveyors’ Association to sign for that Alberta land surveyor, or (

d) the Registrar.

(3) Notice of the application referred to in subsection (2) shall be served on those persons and in any manner that the court directs. RSA 2000 cL-4 s91;2008 c22 s5 Correction of registered plan 92 When there is an omission, clerical error or other defect in a registered plan, the Registrar may correct the plan if (

a) the Registrar is satisfied that the correction will not adversely affect any person, or (

b) where the correction may adversely affect a person, that person has consented to the correction, and the Alberta land surveyor who signed the plan or, if the Alberta land surveyor is deceased, retired or otherwise unable to act, either the Director of Surveys or an Alberta land surveyor appointed by the Council of the Alberta Land Surveyors’ Association has consented to the correction. RSA 2000 cL-4 s92;2008 c22 s6 Change of legal description 93(1) The Registrar may change the legal description assigned to a parcel of land if (

a) the Registrar is satisfied that the change will not adversely affect any person, and (

b) the change does not alter the boundaries of the parcel.

(2) On making a change under subsection (1), the Registrar shall notify the registered owner and all other persons having a registered or caveated interest in the parcel that the description of the parcel has been changed. 1988 c27 s36 Sale of subdivided land 94(1) No lots shall be sold under agreement for sale or otherwise according to any townsite or subdivision plan until a plan creating the lots has been registered.

(2) A person who contravenes subsection (1) is guilty of an offence.

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(3) No party to a sale or agreement for sale is entitled in a civil action or proceeding to rely on or plead the provisions of this

section (

a) if the plan of subdivision by reference to which the sale or agreement for sale was made is registered when the action or proceeding is commenced, or (

b) if, pursuant to the arrangement between the parties, it wa s the duty of the party who seeks to rely on or plead the provisions of this

section to cause the plan of subdivision to be registered. 1988 c27 s36 Leases Requirements of lease 95(1) When land for which a certificate of title has been granted is intended to be leased or demised for a life or lives, or for a term of more than 3 years, the owner shall execute a lease, in the prescribed form.

(2) A lease made pursuant to subsection (1) shall give a description of the leased land that is sufficient to identify the land.

(3) A right for the lessee to purchase the land described in the instrument may be stipulated in the instrument, and if the lessee pays the purchase money stipulated, and otherwise observes the lessee’s covenants expressed and implied in the instrument, the lessor is bound to execute a transfer to the lessee of the land, and to perform all necessary acts by this Act prescribed for the purpose of transferring the land to the purchaser.

(4) No such lease of mortgaged or encumbered land is valid and binding against the mortgagee or encumbrancee unless the mortgagee or encumbrancee has consented to the lease prior to its being registered, or subsequently adopts it. RSA 1980 cL-5 s98;1988 c27 s37 Covenants implied in lease 96 In every lease referred to in

section 95 other than a lease that is subject to the Residential Tenancies Act or the Mobile Home Sites Tenancies Act, there shall be implied the following covenants by the lessee, unless a contrary intention appears in the lease: (

a) that the lessee will pay th e rent reserved by the lease at the times mentioned in the lease, and all rates and taxes that may be payable in respect of the demised land during the continuance of the lease;

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b) that the lessee will at all times during the continuance of the lease keep and at the termination of the lease yield up the demised land in good and tenantable repair, accidents and damage to buildings from fire, storm and tempest or other casualty and reasonable wear and tear excepted. RSA 1980 cL-5 s99;1991 c18 s48 Implied powers of lessor 97 In every lease referred to in

section 95 other than a lease that is subject to the Residential Tenancies Act or the Mobile Home Sites Tenancies Act, there shall also be implied the following powers in the lessor, unless a contrary intention appears in the lease: (

a) that the lessor may, by himself or herself or his or her agents, enter on the demised land and view its state of repair, and may serve on the lessee, or leave at the lessee’s last or usual place of abode, or on the demised land, a notice in writing of any defect, requiring the lessee within a reasonable time, to be mentioned in the notice, to repair it, insofar as the lessee is bound to do so; (

b) that in case the rent or an y part of it is in arrear for the space of 2 calendar months, or in case default is made in the fulfilment of any covenant, whether expressed or implied in the lease, on the part of the lessee, and is continued for the space of 2 calendar months, or in case the repairs required by the notice, as provided in clause (a), are not completed within the time specified in the notice, the lessor may enter on and take possession of the demised land. RSA 1980 cL-5 s100;1991 c18 s48 Re-entry 98 The Registrar, on proof to the Registrar’s satisfaction of lawful re-entry and recovery of possession pursuant to

section 97(

b) by a lessor, or the lessor’s transferee by a legal proceeding, shall make a memorandum of the fact on the certificate of title and, on so doing, the estate of the lessee in the land determines and the Registrar shall cancel the lease if delivered up to the Registrar for that purpose, but the lessee is not hereby released from the lessee’s liability in respect of the breach of any covenant in the lease, expressed or implied. RSA 1980 cL-5 s101;1999 c10 s19 Short form of lease 99(1) When in a lease made under this Act other than a lease that is subject to the Residential Tenancies Act or the Mobile Home Sites Tenancies Act, the forms of words in column 1 of

Schedule 1 and distinguished by any number in that

Schedule are used, the lease shall be taken to have the same effect and be construed as if

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Chapter L-4 LAND TITLES ACT 61 the words used had been those contained in column 2 of

Schedule 1 and distinguished by the same number.

(2) Every such expression of words is deemed a covenant by the lessee with the lessor and the lessor’s transferees, binding the lessee and the lessee’s heirs, executors, administrators and transferees, but it is not necessary in any such lease to insert any such number and there may be introduced into or annexed to any of the expressions in column 1 any expressed exceptions from it or expressed qualifications of it, respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding expressions in column 2.

RSA 1980 cL-5 s102;1991 c18 s48 Surrender of lease 100(1) When a lease or demise required to be registered by this Act is intended to be surrendered and its surrender is effected otherwise than through the operation of a surrender in law, the Registrar shall, on the production to the Registrar of the surrender in the prescribed form, make a memorandum of the surrender on the certificate of title in the register.

(2) When the memorandum has been so made, the estate or interest of the lessee in the land vests in the lessor or in the person in whom, having regard to intervening circumstances, if any, the land would have vested if the lease had never been executed.

(3) Notwithstanding subsection (1), (

a) a lessee of a lease that is mortgaged or encumbered shall not surrender the lease without the consent of the mortgagee or encumbrancee, and (

b) when a certificate of title has been issued for a leasehold estate, the Registrar shall not register a surrender of the lease unless the persons entitled to the benefit of any instruments or caveats registered against the certificate of title consent to the surrender.

(4) Where a lease or demise required to be registered under this Act has been discharged before the term of the lease has expired, that discharge is deemed to have the same effect as if the lease had been surrendered. RSA 1980 cL-5 s103;1985 c48 s2(20);1996 c32 s5(14); 1999 c10 s20 Cancellation of expired lease 101(1) Any person claiming to be interested in any land for which a certificate of title has been granted may apply to a court for an

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Chapter L-4 LAND TITLES ACT 62 order discharging any lease or demise registered pursuant to this Act the term of which has expired, and the court, on being satisfied that the term of the lease or demise in respect of which the application is made has expired, may grant an order to that effect.

(2) Notwithstanding subsection (1), where the lessee is still in possession, the court shall not grant an order under subsection (1) unless the lessee has been given notice of the application.

(3) On the filing of the order with the Registrar, the Registrar shall cancel the registration of the lease or demise mentioned in the order and any caveat based on the existence of that lease or demise.

(4) The Registrar shall cancel the registration of a lease or demise on the production to the Registrar of a discharge exe