What Is a Caveat on Title in Alberta and How Do I Remove It?

This answer covers the law of Alberta.

A caveat is a notice registered on a certificate of title that tells everyone someone claims an interest in the land. A person claiming an interest, such as under a will, trust deed, transfer, unregistered instrument or an Alberta statute, may file one. The Registrar adds a memorandum to the title and sends notice to the person against whose title it is registered.

A caveat gives notice of a claim, but the Registrar does not decide whether the claim is valid. The caveator can withdraw it using Form B. A caveat protecting an easement or similar agreement can be withdrawn only by the registered owner of the dominant tenement.

If the caveator will not withdraw it, you can apply to the court at any time to make the caveator show cause why it should not be discharged. The Registrar lapses a caveat on application 60 days after Form 29 notice, unless the caveator starts court proceedings and files a certificate of lis pendens; a judge may shorten that time on an ex parte application, and the applicant must prove an interest in the land, mortgage or encumbrance. A court must refuse removal where the caveator holds a written contract for sale and there is no uncured default.