Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Land Titles Act

187 Correction of instrument

Current to 2025-01-31 · Official PDF

(1) If it appears to the satisfaction of the Registrar
(a) that any instrument has been issued in error or contains a ny
misdescription of land or boundaries,
(b) that any entry, memorandum or endorsement has been made
in error on or omitted from any instrument,
(c) that any instrument, entry, memorandum or endorsement
has been fraudulently or wrongfully obtained, or
(d) that any instrument is fraudulently or wrongfully retained ,
the Registrar may by written demand, that may be in the prescribed
form and that shall be served on the person or be mailed to the
person's last known post office address, require the person to
whom the instrument has been issued, or by whom it has been
obtained or is retained, to deliver it up for the purpose of being
cancelled, corrected or completed, as the case requires.
(2) If any person refuses or neglects to comply with the written
demand or cannot be found, the Registrar may apply to a judge to
issue a summons for that person to appear before the judge and
show cause why the instrument should not be delivered up to be
cancelled, corrected or completed.
(3) If the person when served with the summons either personally
or in the manner directed in the summons neglects or refuses to
attend before the judge at the time set out in the summons, the
judge may issue a warrant authorizing and directing the person so
summoned to be apprehended and brought before the judge for
questioning.
(4) In the case of any instrument that comes within the provisions
of subsection (1), the Registrar, whether or not the instrument is in
the Registrar's custody or has been produced to the Registrar in
answer to the Registrar's written demand, so far as practicable
without prejudicing rights conferred for value, may do one or more
of the following:
(a) cancel, correct or complete the register;
(b) wholly or partially cancel any instrument;
(c) correct any error or make any entry or addition in the
instrument or in any entry, memorandum or other
endorsement on it or in any memorial, exemplification or
copy of any instrument;
RSA 2000

(d) supply entries omitted.
RSA 2000 cL-4 s187;2009 c53 s95