Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Land Titles Act

178 Limitation of action against Registrar

Current to 2025-01-31 · Official PDF

(1) No action for damages under this Act shall be brought
against the Registrar
(a) by reason of the deprivatio n of land, unless it is brought
within 6 years from the date when the deprivation took
place,
(b) by reason of any error, o mission or misdescription in a
certificate of title, unless it is brought within 6 years after
the time when the error, omission or misdescription was
made, or
(c) for any other reason, unle ss it is brought within 6 years from
the date when the cause of action arose.
(2) Notwithstanding subsection (1), any person under the disability
of being a minor or a represented adult may bring the action within
6 years from the date on which the disability ceased.
(3) Notwithstanding subsections (1) and (2), the plaintiff in the
action within 6 years from the date on which the disability ceased,
and the plaintiff in any such action at whatever time it is brought,
and the plaintiff in any action for the recovery of land, shall be
RSA 2000

nonsuited if it appears to the satisfaction of the judge before whom
the action is tried that the plaintiff or the person through or under
whom the plaintiff claims title had notice by personal service or
otherwise was aware of the delay and wilfully or collusively
omitted to lodge a caveat or allowed the caveat to lapse.
RSA 2000 cL-4 s178;2008 cA-4.2 s137