Bill 77 (Legislature 6, Session 4)

L6 S4 8988

Alberta — Bills

BILL No. 77 of 1930.

An Act to amend The Land Titles Act. (Assented to , 1930.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as foIlo'ws: 1. This Act may be cited as "The Land T'itles Act Amend ment Act, 1.930." 2. The Land TWes Act, being

chapter 133 of the Revised Statutes of Alberta, 1922, is amended as to

section 21, sub section (3) thereof, by adding after the words "The Alberta G(I"zette," the words "or of any other order altering the con tent of the district."

Section 22 of the said Act is hereby struck out and the following substituted therefor: "22. Upon receipt of a copy of the order forming the district or of any other order altering the content of the district from the drainage councilor irrigation council, as the case may be, the Registrar shall note upon each certifi cate of title to a parcel of land shown in the orde'l' the fact that such parcel forms part of the said district, or as the case may be, shall remove the note to that effect."

Section 62(& is added to the said Act immediately after 'Section 62, as follows: "62(~.-

(1) In the event of a registered owner of a par cel of land granting to the Crown or to a public utility com pany or to a railway company the right to carry its pipes, wires, conductors, or transmission lines, upon, over or under the parcel, upon 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 covenants expressed therein shall be binding upon and enure to the benefit of the Crown or of the company, its successors and assigns, owners of the utility or of the railway 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.

"

(2) Notwithstanding the provisions of subsection (1), 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

2 thereupon the Registrar shall cancel the registration of the grant . ..

(3) In the event of a registered owner of a parcel of land granting to the Crown or any MinisteT 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 aero-' drome for aircraft. or for the site of an aircraft beacon, then upon the reg'istration 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 oovenants expressed therein, shall be binding upon and enure to the benefit of the Crown and the grantor, his heirs, executors, adminis,· trators and assigns, being owners of the parcel, or its suc cessors and assigns, being owners of the parcel, as the case may be.

" ( 4) Notwithstanding the provisions of subsection (3), the Crown may at any time by an instrument to that effect, duly registered, release any such right, and thereupon the Registrar shall cancel the registration of the grant."

Section 97 of the said Act is amended by striking out subsection (3) thereof, and substituting therefor the fol lowing: ..

(3) Any person entitled to the benefit of a mortgage or incumbrance as defined by

section 2 of this Act, may post pone his rights thereunder by filing with the Registrar a postponement in Form Un in the

Schedule to this Act. "

(4) The Registrar shall thereupon register the postpone ment by entering upon the ceTtificate of title and the dupli cate certificate of title a memorandum thereof . ..

(5) Such registration shall have the effect of postponing the rights with regard to the la:nd of' the person mentioned in the postponement in the same way and to the same extent as if the postponed mortgage or incumbrance had been executed and registered immediately after the mortgage or incumbrance or the last of the mortgages or incumbra:nces to which it is expresse'd to be postponed."

Section 114a is added to the said Act immediately after

section 114, as follows; "114a. 'vVrit of execution' or 'execution' in sections 112, 113, and 114 shall include a certificate of judgment issued under the provisions of

section 37, paragraph (0), clause (iii) of The Judic(l't1O'e riet; and 'execution creditor' shall include a plaintiff in an action registering such certificate; alld 'execution debtor' shall include the defendant in such action."

7. Form Ua in the

Schedule to the said Act is struck out and the following substituted therefor: "FORM Un. " (Section 97 (3) . ) "POSTPONEMENT OF MORTGAGE OR INCUMBRANCE. "CANADA "PROVINCE OF ALBERTA "To the Registrar of the .................

Alberta Land Registration District: "I, ........................ , of ................... . (the mOl'tgngee or in,curnbmncc1') hereby agree to the post- ponement of my rights as .................... in the fol- lowing la'nds, namely: ................ (Here describe the lands mentioned in the mortgnge o'r incumbrnnce being post- pon·ed) to the rights in and to the said lands of .......... . (Here describe mortgnge or incumb'rnnce thnt is being given priority) .

"In witness whereof I have hereunto subscribed my name this .......... day of ............... , A.D. 19 .. '''~~~l~~~ . ~~ . ~~~ .a.~o.v.e. ~~.l~~~} ...................... " in the presence of .........................

No. 77. FOURTH SESSION SIXTH LEGISLATURE 20 GEORGE V 1930 BILL

An Act to amend The Land Titles Act. Received and read the First time ................... . Second time .................. . Third time ................... . BON. MR. LYMBURN EDMONTON: W. D. MCLEAN, KING's PRf'XTER A.D. 1930 Title: 1930 (6th, 4th) Bill 77,

An Act to amend The Land Titles Act

Document details

Collection	Alberta — Bills
Citation	L6 S4 8988
Type	bill
Volume / chapter	L6 S4 8988
Language	en
Format	json
Source	PROVINCIAL
Identifier	aec4dfb5e7f5287bec633b73be5ca1ba600d91e4

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