130 Caveats Filing of caveat
certificate of title has been issued or in a mortgage or encumbrance
relating to that land
(a) pursuant to
(i) a will, settlement or trust deed,
(ii) an instrument of tran sfer or transmission, or
(iii) an unregistered instrument,
(b) by virtue of the provisions of any Act of Alberta under
which that person acquired any right with respect to that
land, mortgage or encumbrance, or
(c) by virtue of
(i) having acquired through the owner or any prior owner of
that land, mortgage or encumbrance, otherwise than
under clause (a) or (b), an interest in that land, mortgage
or encumbrance after the first certificate of title was
issued for that land,
(ii) being the owner or previous owner of an interest in that
land, otherwise than under clause (a) or (b), when that
interest arose after the first certificate of title was issued
for that land, or
(iii) being the owner or a prev ious owner of the mortgage or
encumbrance, otherwise than under clause (a) or (b),
RSA 2000
may cause to be filed with the Registrar a caveat on the person's
behalf in the prescribed form against the registration of any person
as transferee or owner of, or any instrument affecting, the estate or
interest, unless the certificate of title is expressed to be subject to
the claim of the caveator.
RSA 1980 cL-5 s130;1982 c23 s18;1985 c48 s2(34);
1988 c27 s50