ORD-1 & PER-1
PER-1
Can a personal representative grant a power of attorney?
No.
A PR may make a valid transfer to themselves in their personal capacity, but can not grant a power or attorney.
NAM-1
Why is evidence/supporting documentation required for an individual changing their name on title?
Evidence is required to show the connection between the previous name, and the name they are adopting.
FOR
Is anything additional required to be attached when submitting an Order for Transfer?
An Affidavit re Value of Land.
FOL-1 requirements must also be complied with.
DOW-1
What must be stated in the Consent & Acknowledgement by Spouse?
That the spouse consents to the disposition of the homestead and has executed the consent for the purpose of giving up the life estate and other dower rights to the extent necessary to give effect to the disposition.
COR-1
What is required for execution if a Corporation is not signing under seal?
-An affidavit of attestation.
-An affidavit of corporation signing authority.
PER-1
If there is more than one Personal Representative, must all execute the document and all affidavits?
All Personal Representatives must sign the document (other than the affidavits) unless proof of death of a PR is provided.
Ex. Transfer of Land - all PR's must execute the Form 8, but any one of them can complete the Affidavit of Executor.
Must the evidence accompanying the Change of Name be original?
Land Titles requires original or notarized evidence unless the event occurred in Alberta.
Land titles can accept photocopies of a Birth Certificate, Marriage Certificate, or Death Certificate that occurred in AB and is filed with AB Vital Statistics.
FOR
Will Land Titles accept a 'cancel and issue' Order overriding Foreign Ownership of Land requirements?
No - a 'cancel and issue' order can not override Foreign Ownership of Land requirements.
What is required when Dower appears to be annexed?
A solicitor's letter stating the consent was annexed and forms part of the original document to be registered.
COR-1
The system CORES (s. 27 LTA) provides what?
A record of incorporated corporations in Alberta under - Companies Act
- Business Corporations Act
- Societies Act
- Cooperative Associations Act
- Credit Union Act
- Cemetery Companies Act AND
- Religious Societies Act
ORD-1
When does s.191 apply?
Must be included in Orders that
1- cancel the certificate of title
2- terminate an interest in land
3- discharge an instrument or caveat
MOR
Who can execute a discharge where the lenders are noted as Joint Account?
Only one of the lenders needs to sign the discharge of mortgage.
This does not apply when the lenders are noted as Joint Tenants.
Remember! The MortgagEE loans the MoNEY
ESO
What is one thing/Form that must be provided for an Employment Standards Order?
Form S - Creditor's Statement of Debtor's Land.
***try to think of more documents that require this form.
DOW-1
Release of Dower Rights - how does this affect the property it is registered against?
-The Registrar endorses a memorandum of the release on title.
-The land described in the REDR ceases to be a homestead.
-The spouse ceases to have any dower rights.
-The lawful spouse is no longer required to consent to any future documents requiring dower compliance, until it is removed.
COR-1
What if a corporation is not listed in CORES? What can be provided for us to be able to proceed?
A solicitor's certificate stating the corporation is registered under one of the statutes defined in s. 27 of the LTA.
ORD-1
What are the s.191 LTA exceptions?
- an order removing a construction lien or CLP respecting a construction lien
- a judgement, order, certificate stating it shall be registered notwithstanding the requirements of s. 191.
MOR
Transfer of Mortgage - what must be stated if only part of the sum is being transferred?
That the part being transferred may be:
-prioritized,
-deferred,
-or rank equally,
with the remaining part as specified.
ESO
How will Land Titles accept Out of Province Employment Standard orders for registration in Alberta?
Must be stamped as filed with the Court of King's Bench of Alberta, and submitted by the Director.
**Think of other documents that must be re-sealed in AB, if originally filed outside of our province.. i.e. probate.
DOW-1
What are two ways to have a Release of Dower Rights removed from title not involving a Transfer of Land.
- Statutory Declaration by the formerly married person swearing that they are no longer legally married to the releasor (no evidence required.)
Also - it is dropped when the property is transferred to a third party.
COR-1
Evidence shows both the assumed name and the legal entity name? What do we enter?
The assumed name registered in AB.
ORD-1
What other forms of compliance are acceptable for orders that cancel/terminate/discharge an interest without reference to 191?
- Consent (by all parties/lawyers)
- Ex Parte (states that no service is required)
- No appeal undertaking (written undertaking of no appeal by all)
- Court clerk certificate (certificate must confirm either No defence/demand for notice was filed, or that the appeal period has expired with no appeal filed.
MOR
Can a mortgage be registered for a tenant in common of an undefined interest?
Yes, provided the mortgagor states that they are mortgaging all of THEIR interest, and does not specify a proportionate interest.
i.e. can not state that the borrower is a 1/2 owner, joint tenant, owner of an undivided 15%, ect.
ESO
Who may discharge Employment Standard Orders?
A witness is not an essential requirement.
DOW-1
Can an agreement for sale act as Dower?
A transfer can be compliant with dower can be registered if the transferee files:
-an agreement for sale with Consent & Acknowledgement or Order/Fiat
AND
-an affidavit identifying the transferee as purchaser under the agreement.
COR-1
What do you do if a corporation shows an Unregistered message in ALTA, and a search in CORES shows an assumed name?
Reject the document back to the client, advising that their submission must be prepared with the assumed name.