61 Implied conditions
this Act is, by implication and without any special mention in the
certificate of title, subject to
(a) any subsisting reservations or exceptions, including
royalties, contained in the original grant of the land from the
Crown,
(b) all unpaid taxes, including irrigation charges and drainag e
district rates,
(c) any public highway or right of way or other public
easement, howsoever created, on, over or in respect of the
land,
(d) any subsisting lease or agreement for a lease for a period not
exceeding 3 years, if there is actual occupation of the land
under the lease or agreement,
(e) any right of expropriation that may by statute be vested i n
any person or corporation or His Majesty, and
(f) any right of way or other easement granted or acquired
under any Act or law in force in Alberta.
(2) Land mentioned in a certificate of title issued under Part 10 of
the Municipal Government Act or Part 6 of the Irrigation Districts
Act or in a certificate of title based on a foreclosure order,
notwithstanding any other Act is, by implication and without any
special mention in the certificate of title, subject to
RSA 2000
(a) any easement or incorporeal right, a memorandum of which
has been made under section 67, 69 or 70,
(b) any instrument registered under section 69(4),
(c) any condition or covenant running with or annexed to the
land and registered under section 48, and
(d) any caveat protecting any su ch easement, incorporeal right,
condition or covenant, duly filed,
(e) repealed 2004 cH-8.5 s68
if the registration, endorsement or filing, as the case may be, was
made prior to the registration of the judge's adjudication on the
enforcement return under the Irrigation Districts Act or to the date
of registration of the mortgage with respect to which a foreclosure
order was made, as the case may be.
RSA 2000 cL-4 s61;RSA 2000 cD-16 s79;2004 cH-8.5 s68;
2017 c22 s32;AR 217/2022