What Does a Certificate of Title Prove in Alberta, and What Can You Do About a Claim on Your Land?

This answer covers the law of Alberta.

Title fraud can raise questions about the Land Titles system and the court, and how it applies to you depends on your situation, so it is worth confirming with a lawyer early.

The starting point is that a certificate of title is conclusive proof in all courts of who owns the land. That rule has exceptions, including fraud in which the owner participated or colluded, and land included by a wrong description of boundaries. A person who claims an interest in land can file a caveat with the Registrar, and an instrument registered after the caveat is subject to that claim for as long as the caveat stays in force.

Time matters. A claim for a remedial order must be brought within 2 years after you first knew, or ought to have known, of the injury, that the injury was attributable to the defendant, and that a proceeding was warranted, or within 10 years after the claim arose, whichever expires first. The 10-year period is suspended while the defendant fraudulently conceals that the injury occurred. Who can claim compensation, and how much, depends on the facts, so speak to a lawyer promptly.