141 Application to discharge caveat
Registrar as hereinafter provided, the applicant or owner may at
RSA 2000
any time apply to the court, subject to the Alberta Rules of Court,
calling on the caveator to show cause why the caveat should not be
discharged, and on the hearing of the application the court may
make any order in the premises and as to costs that the court
considers just.
(2) If a caveat has been filed with the Registrar pursuant to section
130 and the caveat is based on an unregistered mortgage or
encumbrance, the Registrar shall cancel the memorandum of it
(a) on the certific ate of title to the land affected by the caveat on
the production of a certificate signed by a judge certifying
that the judge is satisfied of the payment of all money
secured by the mortgage or encumbrance and that the
mortgagee or encumbrancee is living, or if dead, that no
succession duty or other tax is payable to the Crown in right
of Alberta with respect to the mortgage or encumbrance, or
(b) on production of a certificate signed by a judge certifyin g
that all obligations, the performance of which has been
secured by the mortgage or encumbrance, have been
performed and have come to an end.
RSA 2000 cL-4 s141;2009 c53 s95