Does an execution bind beneficial interest in land held by the debtor at the time the writ is received?

Alberta, Canada


The following excerpt is from La France v. La France, 1982 CanLII 1211 (AB QB):

Thus an execution will only bind the beneficial interest in land held by the debtor at the time the writ is received by the registrar. In Jellett v. Wilkie, three of the parties whose rights were held under transfers which only required registration for completion were given priority over a registered execution, and another party claiming under an agreement for sale was given the same priority. The effect of these agreements was to make the vendor the registered owner of merely a legal title to the lands without any beneficial interest to which the writs could attach.

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