Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Land Titles Act

105 Mortgages affected by conditional sales agreement

Current to 2025-01-31 · Official PDF

(1) A mortgage, charge or encumbrance on land or on any
estate or interest in land contained in, endorsed on or annexed to a
written order, contract or agreement for the purchase or delivery of
any chattel or chattels, is void to all intents and purposes
whatsoever, notwithstanding anything in any Act.
(2) No such mortgage, charge or encumbrance, and no caveat
founded on it, or on any such writing or instrument, shall be
registered or filed under this Act.
(3) If any such writing or instrument, by inadvertence, accident or
otherwise howsoever, is registered or filed in any Land Titles
Office contrary to this section, the registration or filing is
ineffective and nugatory to all intents and purposes whatsoever,
and may be cancelled by a judge of the Court of King's Bench on
the application of any person interested.
RSA 2000 cL-4 s105;2009 c53 s95;AR 217/2022