Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Land Titles Act

183 Remedial Proceedings Ejectment Protection against ejectment

Current to 2025-01-31 · Official PDF

(1) No action of ejectment or other action for the recovery of
any land for which a certificate of title has been granted lies or
shall be sustained against the owner under this Act in respect of it,
except in any of the following cases:
(a) the case of a mortgagee as against a mortgagor in default;
(b) the case of an encumbrancee as against an encumbrancer in
default;
(c) the case of a lessor as against a lessee in default;
(d) the case of a person deprived of land by fraud as against the
owner of the land through fraud, or as against a person
deriving title otherwise than as a transferee bona fide for
value, from or through the owner through fraud;
(e) the case of a person deprived of or claiming any land
included in a grant or certificate of title to other land by
misdescription of the other land or of its boundaries, as
against the owner of the other land;
(f) the case of an owner claiming under an instrument of title
prior in date of registration under this Act, or under any law
heretofore in force in any case in which 2 or more grants, or
2 or more certificates of title, or a grant and certificate of
title, are registered under this Act or under any such law in
respect of the same land.
(2) In any case, other than one mentioned in subsection (1), the
production of the certificate of title or a certified copy of it is an
absolute bar and estoppel to any such action against the person
named in the certificate of title as owner or lessee of the land
described in it.
RSA 1980 cL-5 s173