Bill 35 — Third Session, 17Th Legislature, 23 Elizabeth Ii the Legislative Assembly of Alberta Bill 35 the Common Parties 'Contracts and Conveyances Act (Legislature 17, Session 3)

L17 S3 5301

Alberta — Bills

1974 Bill 35 Third Session, 17th Legislature, 23 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 35 The Common Parties 'Contracts and Conveyances Act MR. MCCRAE First Reading .............................. . Second Reading ............................. . Third Reading ............................. . Printed by L. S. WALL, Queen's Printer for the province of Alberta, EDMONTON

Bill 35 Mr. McCrae BILL 35 1974 THE COMMON PARTIES CONT~CTS AND CONVEYANCES ACT (Assented to , 1974) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Albema, enacts as follows: 1.

(1) A contract is valid and enforceable in accord ance with its termls notwithstanding that in o.r by the contract (

a) one of the parties enters into a covenant, promise or agreement with bimself and some other person, Dr (

b) one of the parties :and some other person enter into. a covenant, promis1e or agreement with that sam'e party and a different person, lOr (

c) lOne of the parties and some Dther person enter into a Icovenant, pro.mise or agreement with that same party.

(2) A cQntract, whether in ,the fQrm Qf a deed Dr not, is valid and enforceable in accDrdance with tits terms nDt withstanding that a Ilerson thereby ostensibly CQntracts with hims'elf alone if, in his capacity as one of the parties theretO', he is acting as agent fo.r SDme 'Other person.

(3) Thds sectiDn applies to' a cDntract which prDvides fDr the cDnveyance Df an interest in r'eal or personal plvoperty. 2. Where any right of cDntributiQn or indemnity exists by law in relatiDn to a cQntract, such right exists in relation to' cQntracts to' which this Act applies. 3.

(1) An interest in r'eal Dr personal property may be validly cDnveyed (Ia) by a person '110 hims'elf jointly with anQther plersQn, Dr (

b) by tWQ or mOore perSQns tOo one or more but nQt all Df rbhemselves, or (

c) by ItwO Dr more persQnsiJo any lOne or more of them selves and SDme other person, to the samle extent and in the same manner as the interest might he cQnveyed to. a third party.

Explanatory Notes Genel"ai. This Act is based on Report No. 11 of The Institute of Law Research and Reform issued in October, 1972. I. Common parties ,to contracts. At common law a person cannot make a valid contract with himself. There is a possibility this may apply in Alberta. Subsection (1) would v,alidate respectively a promise by (

a) A to A and B, (

b) A and B to A and C, and (

c) A and B to A. '2. Right to claim contribution. 3. Common parties to conveyances. The common law also held a conveyance to oneself of real or personal property invalid. But a conveyance from A to A and B would pass the estate solely to B.

(2) Notwithstanding subsection (1), if the persons in whDse favour the conveyance is made are by reason of any fiduciary relationship or by 'any Dther reason precluded from val'idly carrying out the transaction, the conveyance is liable to be set aside. 4. This Act applies to contracts and conveyances whether made before or after the commencen1ent of this Act, but without prejudice to any order of a court made before such comm'encement. 5. The Land Titles Act is amended (

a) by adding after

section 70 the fOlllowing section: 70.1.

(1) An owner may grant to. himself an easem'ent or restrictive covenant for the benefit of land which he owns and against land which he owns and the easement or resltrktive covenant may be registered under this Act.

(2) Where the dominant and servient tenements are registered in the name Df the same person, an 'easement under subsectiDn (1)· ils nDt merged by reason of the common ownership. (

b) as to

section 71 (

i) by adding the words "or association" after the word "company" wherever it appears in the section, and (ii) by adding after subsection (1) the following subsection: and

(1.1) The Crown, a municipal corporatiDn or any pipe line, public utility or railway com pany Dr aSlsoeiation may grant to its'elf any rights described in subsectiDn (1). (

c) by adding after

section 125 the following section: 1:25,.1 An executDr, 'administrator or trustee may make a valid tr'ansfer to himself in his per sonal -capacity. 6. This Act cOomes linrto force IOn the day upon which it is aSlsented to. 2

4. Application of the Act. 5. Consequential amendments. 2 Title: 1974 (17th, 3rd) Bill 35, The Common Parties Contracts and Conveyances Act

Document details

Collection	Alberta — Bills
Citation	L17 S3 5301
Type	bill
Volume / chapter	L17 S3 5301
Language	en
Format	json
Source	PROVINCIAL
Identifier	13b623cdde1875235d8130eb2c9b44b78f555b65

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