Bill 44 (Legislature 10, Session 1)

L10 S1 7567

Alberta — Bills

Bill No. 44 of 1945. A BILL TO AMEND THE LAND TITLES ACT NOTE. The new definition of "land" inserted by

section 1 of this Bill corrects an error in the definition by transferring the words "appertaining thereto" to their proper place in the definition.

Section 2 of the Bill amends

section 70 of the Act which deals with registration of a judgment declaring the title of a person in occupation of land for the necessary period under The Limitation of Actions Act. The words "by reason of adverse possession" are now inappropriate and in con flict with The Limitation of Actions Act.

Section 3 of the Bill amends

section 106 of the Act which deals with the registration of an order in a foreclosure action vesting the title in the mortgagee. When sU,ch an order is registered the land may be transferred and the title obtained by the transferee cannot be attacked. The amendment pro tects a mortgagor who may wish to appeal from the fore closure order by preventing the registration of the order until the Registrar is satisfied no appeal is pending or that if an appeal has been brought, it has been disposed of in favour of the mortgagee. The amendment to subsection (2) of the same

section strikes out words which are inappro priate. In this Provin,ce there is no such thing as an "order nisi for foreclosure". W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 44 of 1945.

An Act to amend The Land Titles Act. (Assented to , 1945.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Land Titles Act, being

chapter 205 of the Revised Statutes o.f Alberta, 1942, is hereby amended as to

section 2 by striking out paragraph (

l) thereof, and by substituting therefor the following: " (l) 'Land' or 'Lands' means lands, messuages, tenements and hereditaments, corporeal and incorporeal, of every nature and description, and every estate or interest therein, whether such estate or interest is legal 'Or equitable, together with paths, pas1sages, ways, watercourses, liberties, privileges and ease ments appertaining thereto. and trees and timber thereon, and mines, minerals and quarries thereon or thereunder lying or being, unless any such are specially excepted;". 2. The said Act is further amended as to

section 70 by striking out the words "by reason of adverse 'possession" where the same 'Occur in subsection (1) thereof. 3. The said Act is further amended as to

section 106, (

a) by adding immediately after subsection (1) thereof the following new subsection: " (la) The Registrar shall not register an order vesting the title of land in a mortgagee 'Or incum brancee made in proceedings taken pursuant t'O

section 105 unless the 'Order is co.nsented to by the mortgagor or his solicitor or is accompanied by a certificate 'Of the Clerk or Deputy Clerk 'Of the Court of the Judicial District or Sub-judicial District in which the order was issued to the effect,- "(

a) that the time for appeal from the order has expired and that no notice of appeal has been filed with him; or "(

b) that a notice of appeal from the order has been duly filed and that the appeal has been finally disposed 'Of, and that the order has not been set aside by the Court on appeal.";

2 (

b) by striking out the words "of fore:elosure" where the same occur in the first line of subsection (2) thereof. 4. That Act shall ,come into force on the day upon which it is assented to.

No. 44. FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 B"ILL

An Act to amend The Land Titles Act. Received and read the Firsttime .................. . Second time. Third time ....................................... . HON. MR. MAYNARD. EDMONTON: A. Shnitka, King's Printer 1946 Title: 1945 (10th, 1st) Bill 44,

An Act to amend The Land Titles Act

Document details

Collection	Alberta — Bills
Citation	L10 S1 7567
Type	bill
Volume / chapter	L10 S1 7567
Language	en
Format	json
Source	PROVINCIAL
Identifier	a6e6e6753ed9bd813adf37c1f1c17fd898a755d0

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