138 Lapse of caveat
the case of a caveat lodged by the Registrar, as provided in this
Act, every caveat lodged against any land, mortgage or
encumbrance shall be lapsed by the Registrar on application made
after the expiration of 60 days after notice, in the prescribed form,
to take proceedings in court on the caveator's caveat has been
either
(a) served as process is usually served, or
(b) sent by registered mail to t he caveator at or to the address
stated in the caveat or, if a notice of change of address for
service has been filed with the Registrar, then at or to the
address stated in the last notice of change of address for
service filed in the Land Titles Office,
unless the caveator takes proceedings in court by application,
subject to the Alberta Rules of Court, to substantiate the title,
estate, interest or lien claimed by the caveator's caveat and a
certificate of lis pendens in the prescribed form has been filed with
the Registrar.
(2) Notwithstanding subsection (1), the court may on an ex parte
application shorten the period of 60 days to a period it specifies in
the order, and a copy of the order shall be served or mailed with the
notice.
(3) In the case of a caveat registered to protect an easement, a
party wall agreement or an encroachment agreement,
(a) if the dominant tenement is not identified in the caveat,
subsection (1) applies, and
RSA 2000
(b) if the dominant tenement is identified in the caveat,
subsection (1) applies only if, instead of the notice's being
served on or sent to the caveator, the notice is
(i) served as process is usua lly served on the registered
owner of the dominant tenement, or
(ii) sent by registered mail to the registered owner of the
dominant tenement at or to the address stated on the
certificate of title or, if a notice of change of address for
service has been filed with the Registrar, then at or to the
address stated in the last notice of change of address for
service filed in the Land Titles Office.
(4) The service or sending of the notice shall be proved to the
satisfaction of the Registrar.
(5) No caveat is deemed to have lapsed pursuant to subsection (1)
unless the person who caused the notice to be served or sent proves
to the satisfaction of the Registrar that the person has an interest in
the land, mortgage or encumbrance against which the caveat was
lodged.
RSA 2000 cL-4 s138;2009 c53 s95