Ownership & Estates
This is the greatest interest a person can own in land, subject only to Crown restrictions.
What is a Fee Simple Estate?
This form of co-ownership includes the right of survivorship.
What are Joint Tenants?
This principle means the title reflects all facts concerning it.
What is the Mirror Principle?
Under section 157 of the LTA, these individuals cannot act as a witness to an instrument.
Who are a party to the instrument or their consenting spouse?
A caveat cannot be registered against this type of land.
What is non-patent land?
This type of estate grants ownership rights only for the duration of a person’s lifetime.
What is a Life Estate?
In this tenancy, a deceased owner’s share goes to their estate rather than the other owners.
What are Tenants in Common?
This principle means you do not need to look behind the title for prior dealings.
What is the Curtain Principle?
This type of affidavit is required when a person signing is blind or illiterate.
What is a Marksman Affidavit?
This is required for every caveat, even if executed under corporate seal.
What is a supporting affidavit?
This form of land interest provides possession for a defined term rather than ownership.
What is a Leasehold?
When one of these is destroyed, a joint tenancy becomes a tenancy in common.
What is a unity (one of the Four Unities)?
This principle guarantees title accuracy through an assurance fund.
What is the Insurance Principle?
A barrister or solicitor completing a jurat outside Alberta must affix this.
What is a notary seal?
There are no provisions for this action on a caveat; instead, you must discharge and re-register.
What is amending a caveat?
These are the two key aspects to remember about ownership of land.
What are what is owned (estate) and how it is owned (tenancy)?
This unity means all joint tenants acquire their interests at the same time.
What is Unity of Time?
This can authorize registration when proof of execution is absent or defective.
What is a court authorization (FIAT or order)?
These are three acceptable service methods to lapse a caveat under section 138.
What are registered mail, personal service, and courier?