How have courts dealt with a mistake of identity in the land titles registration system?

Alberta, Canada


The following excerpt is from Mildenberger v. Prpic, 1976 CanLII 312 (AB QB):

In Schiell v. Morrison improvements had been made to a house by the occupants who, at the time they purported to purchase the home, thought it was located on Lot 30, Block 15 and in fact purchased Lot 30, Block 15. The house was actually located on Lot 31, Block 15. Clearly this was a mistake of identity and not a mistake of title since, as the facts disclosed, the error was not an error in the land titles registration system but rather an error in the description of the land with the City of Regina.

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