1985 BILL 19 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 19 REAL PROPERTY STATUTES AMENDMENT ACT, 1985 THE ATTORNEY GENERAL First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 19 BILL 19 1985 REAL PROPERTY STATUTES AMENDMENT ACT, 1985 (Assented to , 1985) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Dower Act 1(1) The Dower Act is amended by this section.

(2) Section 4(6) is amended by adding "and" at the end of clause (a), by striking out "and" at the end of clause (

b) and by repealing clause (c).

(3) Section 21(2) is amended by adding "and" at the end of clause (a), by striking out "or" at the end of clause (

b) and by repealing clause (c). Land Titles Act 2(1) The Land Titles Act is amended by this section.

(2) Section 1 is amended (

a) in clause (

j) by striking out "day book" and substituting "daily record"; 1

Explanatory Notes Dower Act 1(1) This

section will amend

chapter D-38 of the Revised Statutes of Alberta 1980.

(2) Section 4(6) presently reads:

(6) The Registrar of Land Titles before registering a disposition of land that (

a) does not purport to be consented to uruier this Act, (

b) is not accompanied by an order of the Court dispensing with the consent, and (

c) is not covered by a registered and subsisting release of dower rights, shall require an affidavit of the owner in the prescribed form supported by any other evidence by affidavit or otherwise that the Registrar may pre­ scribe.

(3) Section 21(2) presently reads:

(2) The Registrar of Land Titles before registering a disposition of land that is made by the executor or administrator of the estate of a deceased married person, and that (

a) does not purport to be consented to under this Act by the surviving spouse, (

b) is not accompanied by an order of the Court dispensing with the consent of the surviving spouse, or (

c) is not covered by a registered arui subsisting release of dower rights, shall require from the executor or administrator an affidavit in the pre- scribedform. Land Titles Act 2(1) This

section will amend

chapter L-5 of the Revised Statutes of Alberta 1980.

(2) Section l(j), (

r) and (

w) presently read: 7 In this Act, (j) "filing" means the entering in the day book of any instrument or caveat; 1 Explanatory Notes

(

b) in clause (

r) by striking out "pledged" and substituting "charged"; (

c) by repealing clause (w)(ii) and substituting the following: (ii) the entering on the certificate of title of a memorandum authorized by this Act or any other Act of any instrument or caveat, and

(3) Section 4(2) is repealed.

(4) Section 12 is amended by striking out "within the district to which he is appointed".

(5) Section 15(2) is repealed.

(6) Section 16 is amended (

a) in subsection (1) by striking out "record called the "day book" " and substituting "daily record"; (

b) in subsections (3), (4) and (6) by striking out "day book" and substituting "daily record".

(r) "mortgagor" means the owner or transferor of land, or of any estate or interest in land pledged as security for a debt or a loan; (w) "registration" means (

i) the bringing of land uruier the provisions of this Act, (ii) the entering on the certificate of title of a memoraruium au­ thorized by this Act of any document, and (iii) the entering in the proper register of any instrument or caveat authorized to be registered, of which a memorandum is not re­ quired to be entered on a certificate of title;

(3) Section 4 presently reads: 4(1) In each registration district at the place the Lieutenant Governor in Council determines there shall be an office to be called the "Larui Titles Office."

(2) The Lieutenant Governor in Council may provide in each registration district at the public expense, and may thereafter maintain, in a proper state of repair, a building of stone or brick, or partly of brick and partly of stone, to serve as the Land Titles Office, and as the place of deposit and preservation of registers and other record books, certificates, instruments and documents connected with the registration of titles, and may fit up the office with any fire-proof safes arui other secure places necessary.

(4) Section 12 presently reads: 12 The Inspector of Land Titles Offices, the Assistant Inspector of Land Titles Offices or any Registrar or Deputy Registrar or Assistant Deputy Registrar within the district to which he is appointed may administer any oath or take any affirmation or declaration in lieu of an oath respecting titles to land from anyone entitled by law to affirm or declare.

(5) Section 15(2) presently reads:

(2) During the hours when the Land Titles Office is required to be kept open, either the Registrar or his deputy shall be in attendance.

(6) Section 16 presently reads: 16(1) The Registrar shall keep a record called the "day book" which shall contain particulars of every instrument and caveat accepted by the Regis­ trar for filing or registration.

(2) The Registrar shall cause each instrument or caveat received by him for filing or registration to be examined and if it is fourui to be complete and in the proper form arui ftt for ftling or registration, the Registrar shall stamp the instrument or caveat with the serial number assigned to it and the date on which the serial number is assigned.

(3) The Registrar shall enter a record of each stamped and signed instru­ ment or caveat in the day book.

(4) The Registrar in endorsing memoranda of instruments or caveats on a certificate of title and in entering memoranda on duplicate certificates shall take the serial number arui date from the day book arui shall sign the memoranda and the certificate or duplicate certificate on which the endorsement or entry is made.

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

(6) Until the duplicate certificate of title for the larui affected is produced to him so as to enable him to enter the proper memoraruium on the Explanatory Notes

(7) Section 17(3) and (4) are repealed and the following is substituted:

(3) The Registrar shall keep a register caUed the "general regis­ ter" (

a) in which shall be entered a record of all copies of writs of execution and other registrable instruments that charge gen­ erally or that bind in the same manner as a writ the property interests of a person, and (

b) that shall show in alphabetical order the names of the persons whose land is affected by writs of execution and other instruments entered in the general register.

(8) Section 24 is repealed and the following is substituted: 24(1) A Registrar shaU, when required, furnish under seal a gen­ eral register certificate in the prescribed form.

(2) A general register certificate shaU not disclose an instrument registered in the general register where there is a material differ­ ence between the name in the instrument and the name to be searched as set forth in the request for the certificate.

(3) For the purpose of this

section and sections 122,130 and 171, there is a material difference in names where (

a) the surnames are not identical, (

b) there is not any given name in one name that is identical to or a commonly used variation of any given name in the other name, (

c) one name contains the same number of given names as the other name but one of the given names in one name is not identical to or a commonly used variation of any of the given names in the other name, or (

d) one name contains fewer given names than the other name but one of the given names in the name with the fewer ^ names is not identical to or a commonly used variation ot any of the given names in the other name.

(4) In subsection (3)(

c) and (d), (a) "given name" includes an initial used in the place of a given name, and

duplicate certificate, unless required to do so by order of a court, the Re­ gistrar shall not receive or enter in the day book any instrument except (

a) executions against land, builders' liens, easements arui instru­ ments referred to in

section 72, (

b) transfers by a sheriff or municipal officer, or by order of a court, (

c) transfers on sales of land for taxes, (

d) tax arrears notifications and other notices arui cancellations under the Mineral Taxation Act, and (

e) maps or plans that do not require to be registered, or certificates or orders of a court.

(7) Section 17(3) and (4) presently read:

(3) The Registrar shall also keep a book or books which shall be called the "execution register", in which shall be entered according to the dates when received a record of all copies of executions received by him from the sheriff or other officer, and the register shall be kept indexed showing in alphabetical order the names of the persons whose land is affected by the writs with the day and hour and minute of receipt.

(4) The Registrar shall also keep a register which shall be known as the "irrigation districts register", in which shall be recorded an abstract of the information as to each irrigation district shown by the order forming the district as published in The Alberta Gazette or of any other order altering the content of the district, and the register shall be open to inspection on payment of the fee prescribed by the regulations.

(8) Section 24 presently reads: 24(1) A Registrar shall, when required, furnish under seal a general reg­ istration certificate in the prescribed form.

(2) A Registrar shall, when required, furnish under seal photographic cop­ ies of any instrument or caveat affecting land deposited, filed or registered in his office, but if a photographic copy cannot be made, the Registrar may furnish under seal a copy of the instrument or caveat in any manner he sees fit. Explanatory Notes

(

b) an initial and a given name shall be considered to be commonly used variations of each other only where the ini- tial is the same as the first letter of the given name. 24.1 A Registrar shall, on request, furnish under seal photo- graphic copies of any instrument or caveat affecting land depos­ ited, filed or registered in his office and if a photographic copy cannot be made, the Registrar may furnish under seal a copy of the instrument or caveat in any manner he sees fit.

(9) Section 25(1) is amended by striking out "day book" and substi­ tuting "daily record".

(10) Section 33 is amended by striking out "Deputy Minister or Act­ ing Deputy Minister of Indian Affairs and Northern Development" and substituting "deputy or acting deputy of the Minister charged with the administration of the National Parks Act (Canada)".

(11) Section 35 is amended by renumbering it as

section 35(1) and by adding the following after subsection (1):

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

(12) Section 46 is amended by renumbering it as 46(1) and by adding the following after subsection (1):

(2) Where the Registrar requires him to do so, an owner shall sign a receipt for a duplicate certificate of title before it is deliv­ ered to him.

(13) Section 48(3) is repealed.

(14) Section 65(2) is repealed and the following is substituted:

(2) Land mentioned in a certificate of title issued under the Tax Recovery Act,

Part 5 of the Irrigation Act or

Part 4 of the Drainage Districts Act, or in a certificate of title based on a foreclosure order, notwithstanding any other Act is, by impUcation and with­ out any special mention therein, subject to (

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

section 70, 72 or 72.1, (

b) any instrument registered under

section 72(4),

(9) Section 25(1) presently reads: 25(1) A grant shall be deemed to be registered under this Act when it has been marked by the Registrar with the serial number assigned to it, signed by the Registrar and a memorandum of its registration entered in the day book.

(10) Section 33 presently reads: 33 The Registrar shall accept for registration and register duplicate orig­ inals, or copies certified under the hand of the Deputy Minister or Acting Deputy Minister of Indian Affairs and Northern Development, of any leases or other registerable instrument or instruments in connection with or re­ lating to the title to land situated within the area set apart for National Parks.

(11) Section 35 presently reads: 35 The owner of any estate leased or demised to him or to the person from whom he claims a title, for a life or for lives, or for a term of more than 3 years, in any larui for which the grant from the Crown has been registered, may apply to have his title registered and to have a certificate of title issued to him therefor under this Act.

(12) Section 46 presently reads: 46 On every transfer of larui mentioned in a certificate of title the certif­ icate of title to be granted shall be granted by the Registrar and a duplicate certificate shall be issued to the transferee on application.

(13) Section 48(3) presently reads:

(3) An owner shall, if required by the Registrar to do so, before the delivery of a duplicate certificate, sign a receipt therefor in his own handwriting or otherwise furnish the Registrar with his signature so as to prevent imper­ sonation as far as possible.

(14) Section 65(2) presently reads:

(2) Land mentioned in a certificate of title issued under the Tax Recovery Act,

Part 5 of the Irrigation Act or

Part 4 of the Drainage 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 therein, sub­ ject to (

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

section 70 or 72, (

b) any instrument registered under

section 72(5), Explanatory Notes

(

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

section 52, (

d) any caveat protecting any such easement, incorporeal right, condition or covenant, duly filed, and (

e) a notice endorsed pursuant to

section 11 of the City Transportation Act, if the registration, endorsement or filing, as the case may be, was made prior to the registration of the judge's adjudication on the rate enforcement return under the Irrigation Act or the Drainage 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.

(15) The following is added after

section 68: 68.1 The Registrar shall not register a transfer that has the effect of severing a joint tenancy unless (

a) the transfer is executed by all the joint tenants, (

b) all the joint tenants, other than those executing the trans­ fer, give their vmtten consent to the transfer, or (

c) the Registrar is provided with evidence satisfactory to him 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 (ii) substitutional service pursuant to a court order, been given written notice of the intention to register the trans­ fer.

(16) Section 72 is repealed and the following is substituted: 72(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, constructing, maintaining or using con­ duits, cables, wires, poles or transmission lines, (

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

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.

(

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

section 52, (

d) any caveat protecting any such easement, incorporeal right, con­ dition or covenant, duly filed, and (

e) a notice endorsed pursuant to

section 11 of the City Transportation Act, if the registration, endorsement or filing, as the case may be, was made prior to the registration of the judge's adjudication on the rate enforcement return under the Irrigation Act or the Drainage Districts Act, or to the date of the mortgage with respect to which a foreclosure order was made, as the case may be.

(15) Registering a transfer severing a joint tenancy

(16) Section 72 presently reads: 72(1) If the registered owner of a parcel of larui grants to the Crown or a municipal corporation or to any pipeline, public utility or railway company or association the right to carry its pipes, wires, conductors or transmission lines on, over or under the parcel, the instrument granting the right may be registered under this Act.

(2) The Crown, a municipal corporation or any pipeline, public utility or railway company or association may grant to itself any rights described in subsection (1).

(3) On registration the right to use the parcel in accordance with the terms of the grant and all the conditions and covenants expressed therein are binding on and enure to the benefit of the Crown or municipal corporation or of the company or association, its successors and assigns, owners of the pipeline, public utility or railway and the grantor, his heirs, executors, administrators and assigns being owners of the parcel.

(4) Notwithstaruiing subsection (3), the parties to any such grant or their successors, executors, administrators or assigns may at any time by an instrument to that effect duly registered, release any such right and there­ upon the Registrar shall cancel the registration of the grant.

(5) An instrument purporting to assign, mortgage, encumber or charge any right granted by instrument registered uruier subsection (1) arui exe­ cuted by or on behalf of the Crown or municipal corporation or of the Explanatory Notes

(2) The Crown or a corporation as a registered owner may gram 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 ap­ purtenant 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 in­ strument registered under subsection (1), (6) Notwithstanding subsection (5), a right that is subject to a mortgage or encumbrance shaU not be surrendered unless the surrender is consented to by the mortgagee or encumbrancee. 72.1(1) When an authority requests the Registrar to issue a cer­ tificate of title for land that comprised a pubUc road that the authority has permanently closed, the authority shaU notify the Registrar of the particulars of any right granted under

section 72 that (

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

b) would stiU 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 mem­ orandum is entered on the certificate of title. 72.2(1) In this section, "party waU agreement" includes a decla­ ration registered under subsection (3).

(2) A party waU agreement entered into by persons who are reg­ istered ovmers of adjoining parcels of land (

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

b) setting forth the rights, privUeges, easements and cove­ nants that exist in respect of the party waUs, may be registered.

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

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

b) setting forth the rights, privileges, easements and cove­ nants that exist in respect of the party waUs.

company or association, its successors arui assigns, owners of the pipeline, public utility or railway may be registered under this Act.

(6) In the event of a registered owner of a parcel of land granting to the Crown or any Minister thereof the right to use and to permit the public or any part thereof to use the parcel or any part thereof as an intermediate aerodrome for aircraft, or for the site of an aircraft beacon, then on the registration of the grant by the grantee, the right to use the parcel in accordance with the terms of the grant and all the conditions and cove­ nants expressed therein are binding on and enure to the beneftt of the Crown and the grantor, his heirs, executors, administrators and assigns, being owners of the parcel, or its successors and assigns, being owners of the parcel, as the case may be.

(7) Notwithstanding subsection (6), the Crown may at any time by an instrument to that effect, duly registered, release any such right, and there­ upon the Registrar shall cancel the registration of the grant. Explanatory Notes

(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 shall be deemed to run with the land. 72.3 An encroachment agreement executed by the registered owner of a parcel of land to permit the encroachment of improve­ ments made on an adjoining parcel of land (

a) may be registered against the parcels of land affected by that agreement, and (

b) after registration shall be binding on and enure to the benefit of aU persons subsequently acquiring interests in the parcels of land affected by that agreement to the same extent as if it were an easement. 72.4 The Registrar shaU cancel the registration of an easement, a restrictive covenant, a party wall agreement or an encroach­ ment agreement on production of a discharge in the prescribed form signed by the registered owner of the dominant tenement.

(17) Section 74(2) is repealed and the following is substituted:

(2) Subject to

section 180.1, the Registrar shaU (

a) enter on the certificate of title a memorandum canceUing 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.

(18) The following is added after

section 83.1: 83.2(1) In this

section "strata space" means volumetric space, whether it is (

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 shovm as strata space on a strata space plan.

(2) A registered ovmer 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 shaU 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 vertical, horizontal or inclined planes or curved surfaces that are satisfactory to the Registrar, and (

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

(17) Section 74(2) presently reads:

(2) At the expiration of 3 months after the ftling thereof, the Registrar shall, unless he is satisfied that an appeal from the judgment is being taken, make, on the certificate of title in the register, a memorandum cancelling the certificate of title, either wholly or partially, according to the tenor of the judgment and setting forth the particulars of the judgment.

(18) Strata space. Explanatory Notes

(5) A strata space plan shall (

a) show (

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 comer or angle of the strata spaces in relation to a survey control marker or a siuvey marker of known elevation placed within or adjacent to the single parcel referred to in subsection (3), (

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 ovmer of the land, and (

f) show any other details that the Registrar may require.

(6) Notwithstanding

section 83(6)(

d) and (6.1),

section 83(6), (6.2) and (6.3) apply to a strata space plan.

(7) 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.

(19) The following is added after

section 92: 92.1(1) Where a parcel of land that adjoins land owned by the Crovm 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 had adjoined land ovmed by the Crown in right of Alberta and had a natural boundary that no longer exists, the Registrar, on appUcation by the registered ovmer 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) shaU be accom­ panied by (

a) in the case where the natural boundary stiU exists, a plan of survey or other evidence satisfactory to the Registrar show­ ing the location of the natural boundary, (

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

c) the consent of the Minister charged vsdth the administra­ tion of the Public Lands Act or a person authorized by him, where the Crown is not the applicant, and (

d) the consent of the registered owners of parcels that may be adversely affected by the amendment of the description.

(19) Amendment of legal description affected by a change in a natural bound­ ary. Explanatory Notes

(20) Section 103(3) is repealed and the following is substituted:

(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 shaU 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.

(21) Section 106.1 is amended (

a) in subsection (1) by striking out "advances or obUgations" and substituting "advances and obligations"; (

b) by adding the following after subsection (1):

(1.1) Upon registration of a mortgage that provides for a re­ volving Une of credit up to a specific principal sum, the mort­ gage obtains priority in accordance with

section 16 of this Act for all advances and obligations secured pursuant to the terms of the mortgage notwithstanding (

a) that the advances and obUgations are made or in­ curred subsequent to the registration, after December 31, 1982, of any other instrument or caveat, and (

b) that at any time during the term of the mortgage there may not be any outstanding advances to be secured. (

c) in subsection (2) by adding "or (1.1)" after "subsection (1)".

(22) Section 108 is amended (

a) in subsection (l)(

a) by striking out "of the mortgage or the encumbrance or evidence satisfactory to the Registrar of its loss or destruction, together with" and substituting "to the Registrar of"; (

b) by repealing subsections (3). (4) and (5).

(20) Section 103(3) presently reads:

(3) Notwithstanding subsection (1), no lease that is subject to mortgage or encumbrance shall be surrendered without the consent of the mortgagee or encumbrancee.

(21) Section 106.1 presently reads: 106.1(1) Upon registration of a mortgage for a specific principal sum, the mortgage obtains priority in accordance with

section 16 of this Act for all advances or obligations secured pursuant to the terms of the mortgage, notwithstaruiing that they are made or incurred subsequent to the registra­ tion, after this

section comes into force, of any other instrument or caveat.

(2) If a mortgagee refuses to make, or a mortgagor has and exercises a right to refuse to accept or be bound by, any further advances that would be secured under subsection (1), the mortgagee shall, on the request of the mortgagor, provide a discharge of the mortgage as to the further advances.

(3) The rights given under the Builders' Lien Act are not affected by this section.

(22) Section 108 presently reads: 108(1) The Registrar shall discharge a mortgage or an encumbrance wholly or in part, or the larui comprised therein wholly or in part, according to the tenor of the discharge, and shall make an entry of the discharge on the certificate of title affected by the discharge, in any of the following cases: (

a) on the production of the mortgage or the encumbrance or evidence satisfactory to the Registrar of its loss or destruction, together with a discharge in the prescribed form signed by the mortgagee or encum­ brancee and accompanied by the proper affidavit of execution, but when it is expressly stated in a mortgage or an encumbrance to 2 or more mortgagees or encumbrancees that the money has been ad­ vanced on a joint account, it is sufficient if the discharge of the mort­ gage or encumbrance is signed by any one of the mortgagees or en­ cumbrancees; (

b) on the production of a certificate signed by a judge certifying that the judge is satisfied of the payment of all or part of the money secured by the mortgage or encumbrance, and that the mortgagee or encum­ brancee is living, or if dead, that no succession duty or other tax is payable to the Crown in right of Alberta with respect to the mortgage or encumbrance; (

c) on the production of a certificate signed by a judge certifying that the right of any person to recover any money secured by the mortgage or encumbrance has been extinguished by reason of the operation of the Limitation of Actions Act. Explanatory Notes

(23) The following is added after

section 108: 108.1(1) A person entitled to the benefit of a mortgage, encumbr­ ance, lease or other instrument or a caveat registered against land may postpone his rights under it by filing a postponement in the prescribed form.

(2) The registration of a postponement has the effect of postpon­ ing the rights under the postponed instrument or caveat to the rights under the instrument or caveat to which it is postponed in the same way and to the same extent as if the postponed instru­ ment or caveat had been registered after the instrument or caveat to which it is to be postponed.

(24) Section 110(2) is amended by striking out", and shaU notify the mortgagor of the facts".

(25) Section 121 is repealed. 10

(2) On the entry being made on the certificate of title, the larui or the estate, or interest in the land, or the portion of the land mentioned or referred to in the endorsement as aforesaid, ceases to be subject to or liable for the principal sum or annuity, or, as the case may be, for the part thereof mentioned in the entry as discharged.

(3) Any person entitled to the benefit of a caveat or of a mortgage, en­ cumbrance, lease or other instrument registered against land, may post­ pone his rights thereunder by filing with the Registrar a postponement in the prescribed form.

(4) The Registrar shall thereupon register the postponement by entering on the certificate of title and the duplicate certificate a memorandum thereof.

(5) The registration has the effect of postponing the rights with regard to the land of the person mentioned in the postponement in the same way and to the same extent as if the postponed mortgage, encumbrance, lease or other instrument or the postponed caveat had been executed and regis­ tered immediately after the mortgage, encumbrance, lease or other instru­ ment or the postponed caveat or the last of the instruments to which it is expressed to be postponed.

(23) Postponements. (24)

Section 110(2) presently reads:

(2) Any mortgagee may transfer a part of the sum secured by the mortgage by a transfer in the prescribed form,,arui the part so transferred continues to be secured by the mortgage and may be given priority over the remain­ ing part or may be deferred or may continue to rank equally with it uruier the security of the original mortgage, as stated in the transfer, arui the Registrar shall enter on the certificate of title a memoraruium of the amount of the mortgage so transferred, the name of the transferee, and how the sum so transferred is to rank, and shall notify the mortgagor of the facts.

(25) Section 121 presendy reads: 121(1) If land or a mortgage, lease or encumbrance is transmitted in consequence of the death of an owner thereof, the Registrar shall not reg­ ister any instrument signed by his executor or administrator (

a) purporting to transfer, mortgage, lease or give a charge on the land that is the subject of the transmission, or (

b) purporting to discharge, transfer or assign any mortgage, lease or encumbrance that is the subject of the transmission, unless there is ftled with him a certificate of discharge issued uruier the Estate Tax Act (Canada), or a consent under

section 47 thereof.

(2) If land or a mortgage, lease or encumbrance passes on death by sur­ vivorship, the Registrar shall not act on the passing unless there is ftled 10 Explanatory Notes

(26) Section 122 is amended (

a) by adding the following after subsection (2): (2.1) Subsection (2)(

b) does not apply where there is a mate­ rial difference, within the meaning of

section 24(3), between a name as it appears on a writ and the name as it appears on the instrument executed by the execution debtor.

(2.2) On the granting of a certificate of title or the registration of a transfer, mortgage, encumbrance, lease or other instm- ment executed by the execution debtor, the land ceases to be bound by the execution to the extent necessary to give prior­ ity to the interest acquired under the certificate of title or the transfer, mortgage, encumbrance, lease or other instrument unless, prior to the granting of the certificate of title or the registration of the transfer, mortgage, encumbrance, lease or other instrument, (

a) the Registrar has endorsed a memorandum pursuant to subsection (2), or (

b) a caveat has been registered pursuant to

section 130. (

b) in subsection (5) by striking out "vrithin Alberta".

(27) The following is added after

section 122: 122.1(1) A writ may be transferred in whole or in part or post­ poned by the judgment creditor.

(2) An assignment of a judgment in respect of which a writ is registered may be accepted by the Registrar as a transfer of the writ.

(28) Section 123 is repealed and the following is substituted: 123 The Registrar shaU discharge a writ against all or a portion of the land bound by the writ on production to the Registrar of (

a) a judge's order directing the discharge of the writ against aU or a portion of the land, (

b) evidence from the sheriflfshovring the expiration, satisfac­ tion or withdrawal of the writ, or (

c) a discharge executed by the judgment creditor.

(29) Section 124 is amended (

a) in subsection (1), by striking out "execution against the land of some person of the same or a similar name," and substituting "instrument entered in the general register"; (

b) by repealing subsection (8) and substituting the following:

(8) A notice of any change of solicitors, in respect of an exe­ cution against land, that is certified by a sheriff or clerk of the 11

with him a certiftcate of discharge issued uruier the Estate Tax Act (Can­ ada), or a consent under

section 47 thereof.

(3) This

section applies only with respect to deaths occurring on and after January 1, 1959.

(26) Section 122(2) and (5) presently read:

(2) On and after the receipt by the Registrar of the copy of the writ, (

a) all legal and equitable interests of the execution debtor in any land there or thereafter registered in his name arui including his interest, if any, as an unpaid vendor of the land, are bound by the execution, and (

b) no certiftcate of title shall be granted and no transfer, mortgage, encumbrance, lease or other instrument executed by the execution debtor of the land is effectual except subject to the rights of the exe­ cution creditor under the writ while it is legally in force, and the Registrar, on granting a certiftcate of title and on registering any transfer, mortgage or other instrument executed by the debtor affecting the land, shall, by memorandum on the certiftcate of title in the register and on the duplicate issued by him, express that the certiftcate, transfer, mort­ gage, or other instrument is subject to those rights.

(5) Every person delivering or transmitting any such writ shall deliver or transmit therewith an address within Alberta where notice may be served on the judgment creditor, and the address shall be at some building of which the street and number, and in the case of an office building the number of the room, shall be given, or of which the location is otherwise accurately determined, which shall be known as his registered address, and no writ of execution shall be entered unless that address is furnished.

(27) Allows for the transferring or postponing of a writ.

(28) Section 123 presently reads: 123 On the production to the Registrar of a judge's order or evidence from the sheriff showing the expiration, satisfaction or withdrawal of a writ as against all or a portion of the land bound by the writ, the Registrar shall make a memoraruium on the certiftcate of title to that effect if the land has been brought under this Act and, if not, on or opposite to the entry of the writ in the execution register, and the land or portion of land, as the case may be, shall be deemed to be absolutely released and dis­ charged from the writ.

(29) Section 124(1) and (8) presently read: 124(1) A registered owner of land whose dealings therewith are made or proposed to be made subject by the Registrar to an execution against the land of some person of the same or a similar name, may make an affidavit in duplicate in the prescribed form or to the like effect, andftle it in the Land Titles Office for the land registration district in which his larui is situated, or may mail it to the Registrar of the district in a fully prepaid registered letter. 11 Explanatory Notes

court may be filed vrith the Registrar of the land registration district in which the execution is filed and on the notice being filed with the Registrar he shaU note the change in the general register.

(30) The following is added after

section 124: 124.1 When another Act provides that (

a) an instrument may be registered in a Land Titles Office, and (

b) the effect of the registration is to charge generally or to bind in the same manner as a writ the property interests of a person named in the instrument, then, notwithstanding that other Act,

section 124 of this Act ap- pUes, with aU necessary modifications, to that instrument as if it were a writ.

(31) Section 125 is repealed and the following is substituted: 125(1) No sale by a sheriff or other officer, under process of law, (

a) of any land for which a certificate of title has been granted, or (

b) of a lease of land or a mortgage or encumbrance on land is of any effect until it has been confirmed by the court.

(2) The Registrar shaU not register an instrument executed by the sheriff or other officer to give effect to a sale unless (

a) an order of the court confirming the sale is endorsed on the instrument or attached to the instrument, and (

b) the requirements of

section 180.1 have been compHed with.

(32) Section 128 and the heading immediately preceding it are re­ pealed and the following is substituted: Names of Married Persons 128(1) When a married person who is the ovmer of an interest in land adopts the surname of the spouse, the Registrar may make a memorandum of the change of name on the appropriate certificate of title on production of (

a) an affidavit by that person verifying (

i) the date of the marriage, (ii) the place where the marriage was solemnized, and (iii) the spouse's full name, (

b) the duplicate certificate of title, and (

c) a certificate of marriage or any other evidence that the Registrar may require to substantiate the identity of that per­ son. 12

(8) A sheriff or clerk of the court, on receiving notice of any change of solicitor or solicitors in respect of an execution against larui, shall forthwith notify the Registrar of the land registration district in which the execution is ftled arui the Registrar shall note the change on the execution.

(30) Application of

section 124 to other instruments.

(31) Section 125 presently reads: 125 No sale by a sheriff or other officer, under process of law, of any land for which a certiftcate of title has been granted or of any lease thereof or any mortgage or encumbrance thereon is of any effect until it has been confirmed by the court, but when any such larui is sold uruier the process of law, the Registrar, on the production to him of the transfer of it in the prescribed form, with proof of the due execution thereof, arui with an order of the confirmation of the sale endorsed on the transfer or attached thereto, shall, after the expiration of 4 weeks after receiving it, (

a) register the transfer, (

b) cancel the existing certiftcate of title wholly or in part, if less than the whole of the land comprised therein is sold, (

c) grant a certiftcate of title to the transferee, arui (

d) issue to him a duplicate certiftcate in the prescribed form, unless the registration is in the meantime stayed by the order of the court, and in that case the registration shall not be made except according to the order and direction of the court.

(32) Section 128 presently reads: Marriage of Female Owner 128(1) When a woman who is the owner of an interest in larui marries arui adopts the surname of her husband, the Registrar may make a mem­ orandum of the change of name on the appropriate certiftcate of title on production of an affidavit by the woman verifying the date of the marriage, the place where the marriage was solemnized and her husband's full name accompanied by the duplicate certiftcate of title and by an official certift­ cate of the marriage or any other evidence that the Registrar may require to substantiate the particulars of the marriage.

(2) If a married or formerly married woman is the owner of an interest in land and uses, instead of the surname of her husband or former husband, her maiden name or a hyphenated surname that incorporates her maiden surname and the surname of her husband or former husband, the Registrar may make a memorandum of the change of name on the appropriate certiftcate of title on production of an affidavit by the woman verifying the surname that she uses and accompanied by the duplicate certiftcate of title and an official certiftcate of the marriage or any other evidence that the Registrar may require to substantiate identity. 12 Explanatory Notes

(2) When an interest in land is registered in the name of a person under the surname of that person's spouse or former spouse and that person now uses (

a) her original surname, (

b) a hyphenated surname that incorporates her original sur­ name and the surname of her spouse or former spouse, or (

c) the surname of a spouse from a previous marriage, the Registrar may make a memorandum of the change of name on the appropriate certificate of title on the production of (

d) an affidavit by that person verifying the surname now used by that person, (

e) the dupUcate certificate of title, and (

f) a certificate of marriage or any other evidence that the Registrar may require to substantiate the identity of that per­ son.

(33) The following is added after

section 129: Amending Agreements 129.1 Where the registered ovmer of land and the ovmer of an interest in that land under an instrument registered under this Act have entered into an agreement amending any of the terms of the instrument, that agreement may be registered as an instru­ ment.

(34) Section 130(

a) is amended by striking out "or" at the end of subclause (iii) and by repealing subclause (iv) and substituting the following: (iv) an instrument registered in the general register, where the creditor seeks to affect land in which the debtor is interested beneficially but the title to which is in the name of some other person, or (

v) an instrument registered in the general register, where (

A) the creditor seeks to affect land ovmed by a debtor, and (

B) there is a material difference, within the meaning of sec­ tion 24(3), between the name of the registered ovmer and the name of the debtor.

(35) Section 132(2) is amended by striking out "day book" and sub­ stituting "daily record".

(36) Section 146 is repealed and the following is substituted: 146(1) A person claiming an interest in any land, mortgage or encumbrance may, in Ueu of filing a caveat or after filing a caveat, 13

(33) Section 129.1 provides for the registration of amending agreements.

(34) Section 130(

a) presently reads: 130 A person claiming to be interested in land for which a certiftcate of title has been issued or in a mortgage or encumbrance relating to that land (

a) pursuant to (

i) a will, settlement or trust deed, (ii) an instrument of transfer or transmission, (iii) an unregistered instrument, or (iv) an execution where the execution creditor seeks to affect land in which the execution debtor is interested beneficially but the title to which is registered in the name of some other person, may cause to be ftled with the Registrar a caveat on his behalf in the prescribed form against the registration of any person as transferee or owner of, or any instrument affecting, the estate or interest, unless the certiftcate of title is expressed to be subject to the claim of the caveator

(35) Section 132(2) presently reads:

(2) On receipt of a notice of change of address for service, in the prescribed form or to the like effect, and his proper fee, the Registrar shall enter the notice in the day book and shall make a memorandum thereof on the certiftcate of title affected by the caveat.

(36) Section 146 presently reads: 146 A person claiming an interest in any land, mortgage or encumbr­ ance, may, in lieu of, or after ftling a caveat, proceed by way of action to enforce his claim. 13 Explanatory Notes

proceed by way of action to enforce his claim and register a certificate of lis pendens in the prescribed form.

(2) A person who has proceeded by way of action to call into question some title or interest in any land may register a certifi­ cate of lis pendens in the prescribed form.

(37) The following is added after

section 146: 146.1 A person registering or continuing a certificate of lis pen­ dens vrithout reasonable cause is liable to make compensation to any person who may have sustained damage thereby.

(38) Section 148.1 is amended (

a) by repealing clause (

a) and substituting the following: (

a) a certificate under seal of the clerk of the court stating that the proceedings for which the certificate of lis pendens was granted are (

i) discontinued, or (ii) dismissed and the time for commencing an appeal has expired and no appeal has been commenced, or if com­ menced, has been finally disposed of or discontinued, (

b) by adding "or" at the end of clause (

b) and by adding the following after clause (b): (

c) where a certificate of lis pendens relates to a caveat that was signed by an attorney or an agent, a withdrawal of the certificate of lis pendens signed by (

i) the attorney or the agent, as the case may be, or (ii) the person on whose behalf the certificate was regis­ tered.

(39) Section 151 is repealed and the following is substituted: 151 Subject to

section 152.1, every instrument executed within the Umits of Alberta and that may be registered under this Act shall be witnessed by one person, who shall sign his name to the instrument as a witness and make an affidavit in the prescribed form.

(40) Section 152(1) is amended (

a) by renumbering it as

section 152; (

b) by striking out "required to" and substituting "that may". 14

(37) Compensation re a certificate of lis pendens.

(38) Section 148.1 presently reads: 148.1 The Registrar shall cancel the registration of a certiftcate of lis pendens on receiving (

a) a certiftcate under seal of the clerk of the court stating that pro­ ceedings for which the certiftcate of lis pendens was granted are dis­ continued, or (

b) a withdrawal of the certiftcate of lis pendens signed by the person on whose behalf the certificate was registered.

(39) Section 151 presently reads: Attestation of Instruments 151(1) Subject to

section 152.1, every instrument executed within the lim­ its of Alberta and requiring to be registered under this Act shall be wit­ nessed by one person, who shall sign his name to the instrument as a witness and who shall appear before the Inspector or Assistant Inspector of Land Titles Offices or the Registrar or Deputy Registrar of the registra­ tion district in which the land is situated, or before a judge, provincial judge, notary public, commissioner for taking affidavits, or a justice of the peace in or for Alberta, and make an affidavit in the prescribed form. (1.1) and

(2) Repealed 1983 c46 s2.

(40) Section 152 presently reads: 152(1) Subject to

section 152.1, every instrument executed outside the lim­ its of Alberta and required to be registered uruier this Act, shall be witnessed by one person, who shall sign his name to the instrument as a witness and who shall appear before one of the following persons and make an affidavit in the prescribed form: (

a) if made in any province of Canada, before a judge of any court of record, a commissioner authorized to take affidavits in the province for use in any court of record in Alberta, or before a notary public under his official seal; 14 Explanatory Notes

(41) The following is added after

section 152: 152.01 An individual is not eligible to be a witness to an instru­ ment if that individual is (

a) a party to the instrument, or (

b) a spouse who consents to the instrument pursuant to the Dower Act. 152.02 A Registrar is not required to register an instrument or a caveat if the individual who acted as a commissioner for oaths or notary public in respect of that instrument or caveat is (

a) a party to the instrument or caveat, or (

b) a spouse who consents to the instrument or caveat pur­ suant to the Dower Act.

(42) Section 152.3 is repealed and the following is substituted: 152.3 An instrument or caveat executed by a corporation, not­ withstanding anything to the contrary in the Act, statute, con­ stating documents, charter or memorandum and articles of as­ sociation incorporating the corporation, shaU for the purposes oi this Act be deemed to be sufficiently executed if the instrument or caveat is (

a) sealed with the corporate seal of the corporation and countersigned by at least 1 officer or director of the corpora­ tion, or (

b) executed by at least 1 officer or director of the corporation who (

i) has his signature attested to under

section 151 or 152, and (ii) verifies by affidavit in the prescribed form his author­ ity to execute the instrument or caveat. 15

(

b) if made in Great Britain or Northern Ireland, before a judge of the Supreme Court of Judicature in England or Northern Irelarui, or of the Court of Session or of the Judiciary Court in Scotland, or a judge of any of the county courts within his county, or the mayor of a city or incorporated town, under the common seal of the city or town, or before any commissioner in Great Britain or Northern Ireland, au­ thorized to take affidavits therein, for use in any court of record in Alberta, or a notary public under his official seal; (

c) if made in any British Dominion, colony or possession out of Can­ ada, before a judge of any court of record, the mayor of a city or incorporated town under the common seal of the city or town, or a notary public under his official seal; (

d) if made in any foreign country, before the mayor of any city or incorporated town, under the common seal of the city or town, or before the Canadian or British consul, vice-consul or consular agent residing therein or before a judge of any court of record or a notary public under his official seal.

(2) Repealed 1983 c46 s2 (41) Persons ineligible to act as witnesses or to administer oaths.

(42) Section 152.3 presently reads: 152.3 Any document executed by a corporation, notwithstanding any­ thing to the contrary in the Act, statute, charter or memorandum arui articles of association incorporating the corporation, shall for the purposes of this Act be deemed to be sufficiently executed if it is sealed with the corporate seal of the corporation and countersigned by at least one officer of the corporation. 15 Explanatory Notes

(43) Section 157 is amended (

a) in subsection (1) by striking out "and by investing the money together with all interest and profits accrued thereon from time to time in securities approved of by the Lieutenant Governor in Council"; (

b) by repealing subsection (2) and substituting the following:

(2) The assurance fund may be invested in (

a) securities or obUgations of the Government of Alberta, (

b) the Consolidated Cash Investment Trust Fund estab­ lished under the Financial Administration Act, or (

c) any document evidencing an interest in a debt obli­ gation if the payment of the debt and interest is insured under a policy of insurance issued by a company regis­ tered under the Canadian and British Insurance Compa­ nies Act (Canada).

(2.1) Any income earned from investments made under this

section accrues to the General Revenue Fund.

(44) Section 165 is repealed and the following is substituted: 165(1) The Provincial Treasurer shall pay the amount of any (

a) judgment recovered against the Registrar, or (

b) claim directed to be paid pursuant to

section 170, as the case may be, out of (

c) the assurance fiind, and (

d) to the extent that the assurance fund is insufficient to pay the judgment or claim, out of the General Revenue Fund.

(2) Notwithstanding subsection (1), no judgment or claim shall be paid out of the General Revenue Fund in respect of any amount that exceeds an amount equal to $31 000 000 plus the amounts paid into the assurance fund after March 31, 1983, less the amounts paid out of the assurance fund and the General Revenue Fund, if any, pursuant to claims under this Act after March 31, 1983.

(45) Section 170(1) is repealed and the following is substituted: 170(1) If a claim is or might be the subject of an action for damages against the Registrar as a nominal defendant under this Act or the Dower Act, (

a) the Attorney General, in the case of a claim for $5000 or less, may direct the payment of the claim together with a reasonable sum for costs incurred in the making of the claim, and (

b) the Lieutenant Governor in CouncU, in the case of a claiffl for more than $5000, may, on the recommendation of the Attorney General, direct the payment of the claim together with a reasonable sum for costs incurred in the making of the claim. 16

(43) Section 157 presently reads: 157(1) The assurance fund herein provided for shall be formed by the Provincial Treasurer from the money paid to and received by him for that purpose by and from the Registrars as hereinbefore provided and by in­ vesting the money together with all interest arid proftts accrued thereon from time to time in securities approved of by the Lieutenant Governor in Council

(2) Notwithstanding subsection (1), the assurance fund may be invested in securities or obligations of the Government of Alberta.

(3) When the assurance fund reaches the sum of $75 000 any sum in excess of that amount may, by direction of the Lieutenant Governor in Council, from time to time be transferred to and form part of the General Revenue Fund.

(44) Section 165 presently reads: 765 The Provincial Treasurer shall pay the amount of any judgment re­ covered against the Registrar out of the assurance fund provided by this Act.

(45) Section 170(1) presently reads: 170(1) If the Attorney General is satisfted that a claim that is or might be the subject of an action for damages against the Registrar as a nominal defendant under this Act or the Dower Act is well founded, (

a) in the case of a claim for $5000 or less, the Attorney General may direct the payment of the claim together with a reasonable sum for costs incurred in the making of the claim, arui (

b) in the case of a claim for more than $5000, the Lieutenant Gov­ ernor in Council, on the recommendation of the Attorney General, may direct the payment of the claim together with a reasonable sum for costs incurred in the making of the claim. 16 Explanatory Notes

(46) Section 171(

d) is repealed and the following is substituted: (

d) by reason of the improper execution of an instrument on behalf of a corporation or the want of capacity in a corporation to deal with the estate or interest involved or to execute or take the benefit of the instrument registered, (d.

l) by reason of the registration of an instrument where there is a material difference, within the meaning of

section 24(3), be­ tween the name of a person described in that instrument and the name of a person described in an instrument registered in the general register, or

(47) Section 175(

d) is amended by striking out "day book," and sub­ stituting "daily record".

(48) The following is added after

section 202: 202A Any person who knowingly makes a false statement in (

a) an instrument or a caveat, or (

b) a vmtten representation prepared in respect of (

i) an instrument or a caveat, or (ii) a submission to the Registrar to enter a memorandum on a certificate of title, that could reasonably have the effect of misleading another per­ son is guilty of an offence and subject to a fine of not more than $10 000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment. Land Titles Amendment Act, 1982 3(1) The Land Titles Amendment Act, 1982 is ameruied by this sec­ tion.

(2) Section 11 is repealed. 17

(46) Section 171(

d) presently reads: 777 The assurance fund is not under any circumstances liable for com­ pensation for loss, damage or deprivation (

d) by reason of the improper use of the seal of a corporation or the want of capacity in a corporation to deal with the estate or interest involved or to execute or take the beneftt of the instrument registered, or

(47) Section 175(

d) presently reads: 7 75 If a question arises with regard to the performance of any duty or the exercise c>f any function by this Act conferred or imposed on a Registrar, or if in the exercise of any duty of a Registrar a question arises (

d) as to the mode in which any entry or memorandum ought to be made in the day book, or register, or on any certiftcate of title or duplicate thereof, or

(48) False statements. Land Titles Amendment Act, 1982 3(1) This

section will amend

chapter 23 of the Statutes of Alberta, 1982.

(2) Section 11 of the Land Titles Amendment Act, 1982 presently reads: 77 The following is added after

section 92: 92.1(1) Where a parcel of land has a water boundary and the water boundary has changed, the registered owner of the parcel may apply to the Registrar to have the description of the parcel amended to in­ clude accreted land.

(2) An application under subsection (1) shall be accompanied by (

a) a certiftcate from the Minister charged with the administra­ tion of the Public Lands Act or a person authorized by him certi­ fying that the Crown does not claim ownership of the accreted land, (

b) a plan of survey or other evidence satisfactory to the Registrar showing the present boundary of the accreted land, and 17 Explanatory Notes

Law of Property Act 4(1) The Law of Property Act is amended by this section.

(2) Section 12 is amended (

a) in subsection (1) by striking out "or" at the end of clause (

b) and by adding the following after clause (c): (

d) by a person who holds the property as a joint tenant to himself as a tenant in common, (

e) by joint tenants to themselves as tenants in common, or (

f) by tenants in common to themselves as joint tenants, (

b) by adding the following after subsection (2):

(3) A transfer by a person as a joint tenant to himself under subsection (l)(

d) has, on the registration of the transfer under the Land Titles Act, the same effect of severing the joint ten­ ancy as a transfer to another person.

(3) The following is added after

section 59: 59.1(1) The following are equitable interests in land: (

a) a right of first refusal to acquire an interest in land; (

b) an assignment of rents payable pursuant to a lease of land.

(2) After registration of a caveat under the Land Titles Act pro­ tecting an equitable interest referred to in subsection (1) the eq­ uitable interest takes priority in accordance with

section 16 of the Land Titles Act and runs with the land.

(3) When (

a) an assignment of rents payable pursuant to a lease of land is made, (

b) a tenant is served with vmtten notice of the assignment of rents, and (

c) pursuant to that notice the tenant in good faith pays his rent to the assignee or a person on his behalf, that payment discharges the tenant from any further obligation with respect to that portion of the rent for which the payment was made.

(4) A payment by a tenant under subsection (3)(

c) does not affect any claim to priority as between competing assignees. Commencement 5 This Act comes into force on Proclamation. 18

(

c) the consent of the registered owners of other parcels that may be adversely affected by the amendment of the description. Law of Property Act 4(1) This

section will amend

chapter L-8 of the Revised Statutes of Alberta 1980.

(2) Section 12 presently reads: 12(1) An interest in real or personal property may be validly conveyed (

a) by a person to himself jointly with another person, (

b) by 2 or more persons to one or more but not all of themselves, or (

c) by 2 or more persons to any one or more of themselves arui some other person, to the same extent and in the same manner as the interest might be conveyed to a third party.

(2) Notwithstanding subsection (1), if the persons in whose favour the con­ veyance is made are by reason ofaftduciary relationship or by any other reason precluded from validly carrying out the transaction, the conveyance is liable to be set aside.

(3) Right of first refusal and assignment of rents are equitable interests in land. Commencement 5 Coming into force. 18 Explanatory Notes Title: 1985 (20th, 3rd) Bill 19, Real Property Statutes Amendment Act, 1985