1 Definitions
(a) "affidavit" means an affirmation when made by a person
entitled to affirm;
(b) "certificate of title" means the record of the title to land that
is maintained by the Registrar;
(c) "court" means any court auth orized to adjudicate in Alberta
in civil matters in which the title to real estate is in question;
(d) repealed 2008 cA-4.2 s137;
(e) "encumbrance" means any charge on land created or
effected for any purpose whatever, inclusive of mortgage,
mechanics' or builders' liens, when authorized by statute,
and executions against land, unless expressly distinguished;
(f) "encumbrancee" means the owner of an encumbrance;
(g) "encumbrancer" means the owner of any land or of any
estate or interest in land subject to any encumbrance;
(h) "endorsed" and "endorsement" apply to anything entered,
printed, stamped or written on an instrument or caveat or on
any paper attached to it by the Registrar;
(i) "filing" means the entering i n the record of any instrument
or caveat;
(j) "grant" means a grant of Crown land, whether in fee or for
years, and whether direct from His Majesty or pursuant to
any statute;
(k) "instrument" means
(i) a grant, certificate of title , conveyance, assurance, deed,
map, plan, will, probate or exemplification of will,
RSA 2000
letters of administration, or an exemplification of letters
of administration, mortgage or encumbrance,
(ii) a judgment or order of a court,
(iii) an application under section 75, or
(iv) any other document in wr iting relating to or affecting the
transfer of or dealing with land or evidencing title to
land;
(l) "judge" means an official authorized in Alberta to
adjudicate in civil matters in which the title to real estate is
in question;
(m) "land" means land, messuages, tenements and
hereditaments, corporeal and incorporeal, of every nature
and description, and every estate or interest therein, whether
the estate or interest is legal or equitable, together with
paths, passages, ways, watercourses, liberties, privileges and
easements appertaining thereto and trees and timber thereon,
and mines, minerals and quarries thereon or thereunder
lying or being, unless any of them are specially excepted;
(n) "memorandum" mean s the endorsement on the certificate of
title of the particulars of an instrument or caveat presented
for registration;
(o) "mortgage" means a charge on land created merely for
securing a debt or loan;
(p) "mortgagee" means th e owner of a mortgage;
(q) "mortgagor" means the owner or transferor of land, or of
any estate or interest in land charged as security for a debt or
a loan;
(r) "owner" means a person en titled to any freehold or other
estate or interest in land, at law or in equity, in possession,
in futurity or expectancy;
(r.1) "pending registration queue" means the queue of
instruments and caveats to which section 14.1 applies that
are awaiting the examination required under section 14(2);
(s) "possession" when applied to persons claiming title to lan d
means also alternatively the reception of the rents and
profits of the land;
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(s.1) "Public Trustee" means th e person appointed as the Public
Trustee under the Public Trustee Act;
(t) "register" means the regi ster of titles to land kept in
accordance with this Act;
(u) "Registrar" means the Registrar of Titles and includes a
Deputy Registrar and an Assistant Deputy Registrar;
(v) "registration" means
(i) the bringing of land under the provisions of this Act,
(ii) the entering on the certif icate of title of a memorandum
authorized by this Act or any other Act of any
instrument or caveat, and
(iii) the entering in the proper register of any instrument or
caveat authorized to be registered, of which a
memorandum is not required to be entered on a
certificate of title;
(v.1) "represented adult" means
(i) a represented adult as defined in the Adult Guardianship
and Trusteeship Act, or
(ii) a person in respect of wh om a certificate of incapacity is
in effect under the Public Trustee Act;
(w) "transfer" means the passing of any estate or interest in land
under this Act, whether for valuable consideration or
otherwise, as well as the instrument of transfer in the
prescribed form;
(x) "transferee" means the pers on to whom any interest or estate
in land is transferred, whether for value or otherwise;
(y) "transferor" means the pe rson by whom any interest or
estate in land is transferred, whether for value or otherwise;
(z) "transmission" applies to change of ownership consequent
on death, mental incapacity, sale under execution, order of
court, or other act of law, sale for arrears of taxes or on a
settlement or any legal succession in case of intestacy.
RSA 2000 cL-4 s1;2006 c21 s2;2008 cA-4.2 s137;
2020 c39 s7(2);AR 217/2022;2024 c4 s5
RSA 2000
Will not, without leave
in writing, assign or
sublet.
1. The covenantor, the covenantor's
executors, administrators, or transferees,
will not, during the stated term, transfer,
assign or sublet the land and premises
hereby leased, or any part of them, or
otherwise by any act or deed procure that
land and those premises, or any part of
them, to be transferred or sublet without
the consent in writing of the lessor or the
lessor's transferees first had and obtained.
2. Will fence. 2. The c ovenantor, the covenantor's
executors, administrators, or transferees
will during the continuance of the stated
term erect and put on the boundaries of
the said land, or on those boundaries on
which no substantial fence now exists, a
good and substantial fence.
3. Will cultivate. 3. The covenantor, the covenantor's
executors, administrators, or transferees,
will, at all times during the stated term,
cultivate, use and manage in a proper
husbandlike manner, all parts of the land
as are now or shall afterwards, with the
consent in writing of the lessor or the
lessor's transferees, be broken up or
converted into tillage and will not
impoverish or waste that land.
4. Will not cut timber. 4. The covenantor, the covenantor's
executors, administrators, or transferees
will not cut down, fell, injure or destroy
any living timber or timber like tree
standing and being on the land, without
the consent in writin
g of the lessor or the
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Schedule 1 Chapter L-4
lessor's transferees.
5. Will not carry on
offensive trade.
5. The covenantor, the covenantor's
executors, administrators, or transferees
will not, at any time during the stated
term, use, exercise, or carry on, or permit
or suffer to be used, exercised or carried
on or in the stated premises, or any part o
f
the premises, any noxious, noisome or
offensive art, trade, business, occupation
or calling, and no act, matter or thing may
at any time during the term be done in or
on the premises, or any part of the
premises, that will or may be or grow to
the annoyance, nuisance, grievance,
damage or any disturbance of the
occupiers or owners of the adjoining
lands and properties.
RSA 2000 cL-4 Sched. 1;2008 c22 s11
RSA 2000
Schedule 2 Chapter L-4
Schedule 2
(Section 112)
Has a good title to the
stated land.
1. And also that the mortgagor at the
time of the sealing and delivery of this
instrument, is, and stands solely,
rightfully and lawfully seized of a
good, sure, perfect, absolute and
indefeasible estate of inheritance, in
fee simple, of and in the land,
tenements, hereditaments and all and
singular other the premises described
in this instrument, with their and
every part of their appurtenances, and
of and in every part and parcel of
them, without any manner of trusts,
reservations, limitations, provisoes or
conditions, except those contained in
the original grant of them from the
Crown, or any other matter or thing to
alter, charge, change, encumber or
defeat them.
2. Has the right to
mortgage the land.
2. And also, that the mortgagor now
personally has the good right, full
power and lawful and absolute
authority to mortgage the stated land,
tenements, hereditaments and all and
singular other the premises hereby
mortgaged or mentioned or intended
so to be in this instrument, with their
and every of their appurtenances to
the mortgagee, the mortgagee's heirs,
executors, administrators and assigns
in manner as stated, and according to
the true intent and meaning of these
presents.
3. And that on default the
(mortgagee) shall have
quiet possession of the
land.
3. And also, that from and after
default shall happen to be made of or
in the payment of the stated sum of
money, in the above covenant
mentioned or the interest on that
money, or any part of it, or of or in the
doin
g, observing, performing,
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Schedule 2 Chapter L-4
fulfilling or keeping of same one or
more of the covenants in this
mortgage particularly set out, contrary
to the true intent and meaning of these
presents, then and in every such case,
it is and may be lawful to and for the
mortgagee, the mortgagee's heirs,
executors, administrators and assigns,
peaceably and quietly to enter into,
have, hold, use, occupy, possess and
enjoy the stated land, tenements,
hereditaments and premises, hereby
mortgaged or mentioned or intended
so to be, with their appurtenances,
without the let, suit, hindrance,
interruption or denial of the
mortgagor, the mortgagor's heirs, or
assigns, or any other person or
persons.
4. Free from all
encumbrances.
4. And that free and clear and freely
and clearly acquitted, exonerated and
discharged of and from all arrears of
taxes and assessments whatsoever due
or payable on or in respect of the
stated land, tenements, hereditaments
and premises, or any part of them, and
of and from all former conveyances,
mortgages, rights, annuities, debts,
judgments, executions and
recognizances, and of and from all
manner or other charges or
encumbrances.
5. Will execute such
further assurances of the
land as may be requisite.
5. And also, that from and after
default shall happen to be made of or
in the payment of the stated sum of
money in the covenant mentioned or
the interest on it, or any part of that
money or interest or of or in the
doing, observing, performing,
fulfilling or keeping of some one or
more of the covenants in this
mortgage, particularly set out,
contrary to the true intent and
meaning of these presents and of the
said covenants then and in every such
case the mortgagor, the mortgagor's
heirs and assi
gns, and all and every
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Schedule 2 Chapter L-4
other person or persons having, or
lawfully claiming, or who shall or
may have or lawfully claim any estate,
right, title, interest or trust of, in, to or
out of the land, tenements,
hereditaments and premises hereby
mortgaged, or mentioned, or intended
so to be, with the appurtenances or
any part of them, by, from, under or in
trust for the mortgagor, shall and will,
from time to time, and at all times
afterwards, at the proper costs and
charges of the mortgagee, the
mort
gagee's heirs, executors,
administrators and assigns make, do,
suffer and execute, or cause or
procure to be made, done, suffered
and executed, all and every such
further and other reasonable act or
acts, deed or deeds, devices,
conveyances and assurances in the
law for the further, better and more
perfectly and absolutely conveying
the stated land, tenements,
hereditaments and premises, with the
appurtenances to the mortgagee, the
mortgagee's heirs, executors,
administrators and assigns, as by the
mortgagee, the mortgagee's heirs,
executors or, on behalf of one or more
of them, counsel learned in the law,
are or may be lawfully and reasonably
devised, advised or required, so as no
person who may be required to make
or execute such assurances is
compelled, for the making or
executing of them, to go or travel
from the person's usual place of
abode.
6. Has done no act to
encumber the land.
6. And also, that the mortgagor has
not at any time previously made,
done, committed, executed or wilfully
or knowingly suffered any act, deed,
matter or thing by which or by means
of which the stated land, tenements,
hereditaments and premises hereby
mortgaged or mentioned or intended
so to be, or an
y part or parcel of them,
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Schedule 2 Chapter L-4
are, is or shall or may be in any wise
impeached, charged, affected or
encumbered in title, estate, or
otherwise howsoever.
RSA 2000 cL-4 Sched. 2;2008 c22 s12
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