Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Land Titles Act

62 Certificate as evidence of title

Current to 2025-01-31 · Official PDF

(1) Every certificate of title granted under this Act (except in
case of fraud in which the owner has participated or colluded), so
long as it remains in force and uncancelled under this Act, is
conclusive proof in all courts as against His Majesty and all
persons whomsoever that the person named in the certificate is
entitled to the land included in the certificate for the estate or
interest specified in the certificate, subject to the exceptions and
reservations mentioned in section 61, except so far as regards any
portion of land by wrong description of boundaries or parcels
included in the certificate of title and except as against any person
claiming under a prior certificate of title granted under this Act or
granted under any law heretofore in force relating to titles to real
property in respect of the same land.
(2) For the purpose of this section, that person is deemed to claim
under a prior certificate of title who is holder of or whose claim is
derived directly or indirectly from the person who was the holder
of the earliest certificate of title granted, notwithstanding that the
certificate of title has been surrendered and a new certificate of title
has been granted on any transfer or other instrument.
RSA 2000 cL-4 s62;AR 217/2022