CONL-1
Timelines - How long does a contractor have to file a lien for the following improvements:
1- Concrete
2- Supplying outhouses/scaffolding
3- Babysitting
1- 90 days
2- 60 days
3- Not a valid improvement.
CLP-1
What are 3 acceptable methods to remove a CLP?
1- clerk's certificate under seal (proceedings discontinued/dismissed and time for appeal expired/disposed.
2- withdrawal in prescribed form with proper attestation by the person on whose behalf it was registered (or same agent for the caveat/lien.)
3-Court order discharging the document underlying the CLP.
AFF
Who can not act as a witness pursuant to s.157 of the LTA?
What is the Mirror Principle?
The title REFLECTS all facts concerning it.
What do ALTA & LINC stand for?
Alberta Land Titles Automation System.
Land Identification Numeric Code Assignment
CONL-1
What must be entered in PF16 for a CONL
The date that the Construction Lien was received in our office for registration.
CLP-1
Can a solicitor execute the withdrawal of CLP?
No, it is not acceptable - there is no provision for a solicitor to execute a withdrawal for the plaintiff.
If the solicitor is also the agent on the caveat/lien being supported, then they may sign the withdrawal.
AFF
Who may not take an affidavit (s.157 of the LTA)
If the commissioner/notary/lawyer is a party to the instrument or a spouse consenting to it.
What is the Curtain Principle?
The title is the sole source of all information about it, and there is no need to LOOK BEHIND (the curtain) to see previous titles.
Name two sets of documents that can NOT be registered using the same DRR
1- CHAA/ASJT
2- CHAN/ASJT(if it's the same party)
3-MORT/TFIN
4-Any document after a CORT/CORI/SETI/SETL/COTI/COTL/LIFE
CONL-1
Can a Construction Lien be registered against Federal Crown interest?
Yes, it may be registered against an estate/interest held directly from the Crown in the right of Canada. Registrants must indicate federal jurisdiction.
CLP-1
Name 3 acceptable wordings other than withdrawal, for removal of a CLP by the clerk of the court.
Dismissed
Satisfied
Terminated
(Easy way to remember: Dis-Sat-Ter = disaster?)
AFF
What can be obtained for defective attestation? (s.162 of the LTA)
Fiat or Order directing
Court may authorize registration notwithstanding absent/defective proof - s. 191 does not apply
What is the Insurance Principle?
The title ACCURACY is guaranteed and back by way of the assurance fund.
(tip think of it this way - the accuracy is assured, might help you remember.)
Name 4 systems where you can conduct a title search.
1- Spin
2- ALTO
3- ALTA
4-ALTA2
CONL-1
Can a lien be registered against public highways?
No.
A lien may not be registered against a public highway for work/improvement cause to be done on it by a municipal corporation.
AGT-1
What is the effect of a AGT order registered on title?
Once registered, the affected owner is legally incapable of managing the property.
If there is a POA for the same individual - it is revoked unless the Order specifically preserves it.
The attorney no longer as legal capacity to execute documents on their behalf.
AFF
Can a Justice of the Peace commission documents?
JP may commission an affidavit only if authorized by statue.
In AB, JPs are commissioners by virtue of office.
2-way
Name 3 acts that are affected by the laws to allow for 2-way videoconferencing.
Land Titles Act
Dower Act
Personal Property Security Act
Prompt Payment and Construction Lien Act
Foreign Ownership of Land Regulations
Which quarter section would legal subdivision 10 be in?
NE
CONL-1
Can a lien be registered against the common property (aka the condo sheet) for a condo corporation
Yes.
If the owner/corp requests work for a unit - the lien is registered against the units' title.
If it's for the common property in general (ex. snow removal, untitled parking lot improvement, or balcony updates) it is endorsed on the condo sheet.
What happens when the trustee dies and there is no alternate?
In the absence of an alternate, the Public Trustee becomes the trustee upon notice. The have the same authority and powers, until new trustees are appointed or discharged.
A letter from the Public Trustee with proof of death can be registered.
AFF
What is required if the office or seal is in a foreign language?
A stat dec by someone who can interpret, stating what the office and seal mean in English may be accepted.
2-way
Who can administer oaths by 2-way videoconferencing?
An Alberta lawyer, who is an active practicing member of the Alberta Law Society.
An inactive lawyer from outside of Alberta can not.
What would be the short legal for this partial legal description?
St. Albert Settlement
All that portion of River Lot 12
As shown on a plan of survey of the said settlement...
STALBER;;12