What is a certificate of title in Alberta and how do I read one?
This answer covers the law of Alberta.
A certificate of title is the record of the title to land kept by the Registrar, and the Registrar must record on it the particulars of instruments, caveats and other dealings affecting the land. It shows the current owner, mortgages, caveats, easements, contractor claims against the property and other registered interests.
The owner holds the land subject to the encumbrances, liens, estates and interests endorsed on it. A caveat is a notice of a claim: the Registrar enters a memorandum of it on the title but does not decide whether the claim is valid. The title is conclusive proof that the named holder is entitled to the land for the estate or interest stated, subject to exceptions and fraud.
It is not the whole picture. Some matters, such as unpaid taxes, public highways and rights of way granted under Alberta law, can affect the land without being mentioned. A search reflects only what has been registered. For a current search you need a legal description, a land identification number code (LINC) or a title number. If an entry is unfamiliar, a lawyer can explain it.
Key takeaways
- A certificate of title is the record of the title to land kept by the Registrar, who records instruments, caveats and other dealings on it.
- It shows the current owner, mortgages, caveats, easements, contractor claims against the property and other registered interests.
- A caveat gives notice of a claim, but the Registrar does not decide whether the claim is valid.
- A title does not show everything, since matters such as unpaid taxes and public highways can affect land without being mentioned on it.