123 Lapse of instrument
defined in section 122(1).
(2) Every instrument registered against any land shall be lapsed by
the Registrar on application made to the Registrar after the
expiration of 60 days after notice, in the prescribed form, to take
proceedings in court has been either
(a) served on the creditor as process is usually served, or
(b) sent by registered mail to t he creditor at or to the address
stated in the instrument or, if a notice of change of address
RSA 2000
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 creditor takes proceedings in court by application,
subject to the Alberta Rules of Court, to substantiate the interest
claimed by the creditor and a certificate of lis pendens in the
prescribed form has been filed with the Registrar.
(3) Notwithstanding subsection (2), 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 must be served or mailed with the
notice.
(4) The service or sending of the notice must be proved to the
satisfaction of the Registrar.
(5) No instrument shall be lapsed pursuant to subsection (2) 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 against which the instrument was registered.
(6) Any reference in this section to an instrument that is a writ of
enforcement includes a reference to a writ of execution with
respect to any writ of execution that was registered against land
before the coming into force of the Civil Enforcement Act.
RSA 2000 cL-4 s123;2009 c53 s95