What is the test for discharging a caveat under the Land Titles Act?
Alberta, Canada
The following excerpt is from 1808882 Alberta Ltd v Moderno Ventures Ltd, 2018 ABQB 885 (CanLII):
The application in action no 1601-11828 was brought under section 141 of the Land Titles Act, RSA 2000, c L-4. Such applications call on the caveator to show cause why the caveat should not be discharged. The caveator must show a prima facie claim to an interest in the land (Main v. Jeerh, 2006 ABCA 138 at paras 17-18). Ordinarily, an order discharging the caveat means the caveator did not demonstrate a prima facie case on that application.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is discharge of lis pendens dischargeable as part of a summary judgment application? (Alberta, Canada)
Is there a resulting trust where a non-titled party has contributed directly or indirectly to the acquisition by the title holder of the property or the improvement of such property? (Alberta, Canada)
In what circumstances will a caveat be allowed to be lodged on a piece of land where the caveator’s claim is invalid? (Alberta, Canada)
What is the effect of previous predecessors in title being admitted in title? (Alberta, Canada)
How have courts dealt with a mistake of identity in the land titles registration system? (Alberta, Canada)
Can a fee to provide funds for the discharge of indebtedness incurred for the construction of a student union building which included an auditorium and would, to a certain extent, be used for the conduct of classes? (Alberta, Canada)
What is the test for fraud under the Land Titles Act? (Alberta, Canada)
Does the husband have unencumbered title to farmland? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
What is the effect of registration of title on beneficial ownership? (Alberta, Canada)
