Contract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7
The laws of contract and property are fundamentally different, with different common law, equitable, and statutory guarantees coming into play when dealing respectively with property and with a contract. The first part of this paper considers whether the relationship between landlord and tenant, as determined by the Residential Tenancies Act at the time of publication, should be regulated by the law of property or the law of contract, and how this regulation should work. The second part [...]
Residential Tenancies Project: Mobile Homes, Research Paper 8
This paper addresses the potential problems (as of the time of publication) of individuals who own a mobile home located on rented land. This situation is unique in that it has some similarities to home ownership, and some similarities to renting. The paper considers the issues related to this type of ownership, and the statutory responses to it in the United States, the United Kingdom, and some jurisdictions of Canada. Included are some requirements for [...]
Statute of Frauds and Related Legislation, Research Paper 12
This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in [...]
Mortgage Remedies in Alberta, Report for Discussion 9
This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties [...]
Towards a New Alberta Land Titles Act, Report for Discussion 8
This Report for Discussion accompanies the report of the Joint Land Titles Committee entitled Renovating the Foundation: Proposals for a Model Land Recording and Registration Act for the Provinces and Territories of Canada. The core of the Joint Committee's report is a Model Land Recording and Registration Act. In this Report for Discussion we discuss some existing Alberta law and make some comparisons between it and the Model Act. We do so only to illuminate [...]
Section 195 of the Land Titles Act, Final Report 63
This report recommends that section 195 of the Land Titles Act be amended so that purchasers may rely on the Land Titles Office register. The amended section should make it clear that actual or constructive notice of an off-register interest does not affect a non-fraudulent purchaser who acquires an interest from the registered or caveated owner of the interest. This report contains a draft of an amended section 195. Section 195 protects the purchaser against finding that [...]
Proposals for a Land Recording and Registration Act for Alberta, Final Report 69 Volume 1
Volume 1 of this report recommends that a new Land Recording and Registration Act be enacted to provide a modern and more efficient system of land recording and registration for Alberta. The new Act would replace the Land Titles Act (Alberta). The report contains a draft of the proposed Act. Parts 1 to 8 of the draft Act establish a reformed system of recording and registering interests in land which preserves the beneficial aspects of the existing system of [...]
Mortgage Remedies in Alberta, Final Report 70
This report considers mortgages of land in Alberta, and the remedies that the law makes available to both the lender and the borrower in the event of default under such a mortgage. It reviews the existing Alberta law and practices. This report recommends that Alberta retain judicial supervision of the foreclosure actions as it is needed to ensure price adequacy in foreclosure sales in times of fluctuating land prices and ensures fair treatment to parties [...]