- Under the Limitations Act, a claim for a remedial order must be brought within 2 years of when you knew or ought to have known of it, or 10 years after the claim arose, whichever expires first.
- The 10-year period is suspended while a defendant fraudulently conceals the injury, and limitation periods are suspended while a claimant is under disability or a minor.
- Some real estate claims, such as construction liens, have much shorter deadlines of their own.
If a purchase collapsed, a sale went badly or you found a defect after closing, a clock may already be running. Missing it can end your claim, however strong it was.
This article explains the two-year and ten-year limits in Alberta's Limitations Act, how the two-year clock starts, and the shorter deadlines that apply to some property claims. It is general information, not advice on your dates.
This article covers the law of Alberta.
The two limits in the Limitations Act
A claim for a remedial order must be brought within 2 years after the claimant first knew or ought to have known of certain things, or within 10 years after the claim arose, whichever expires first. The two-year period is the one that catches most people. The ten-year period is an outer limit that applies even if you only discover the problem late.
When the two-year clock starts
The clock does not simply start on closing day. It starts when you first knew or ought to have known of three things:
- that you suffered injury
- that the injury was caused by the person you want to sue
- that bringing a proceeding was warranted
If you had warning signs, a court may decide the clock started earlier than you think.
Because the start date turns on what you knew and when, it is a fact-heavy question. Keep a timeline of when you noticed each problem and when you learned who might be responsible.
What can suspend the clock
The 10-year period is suspended while the defendant fraudulently conceals that the injury occurred. Limitation periods are also suspended while a claimant is under disability or is a minor.
These are narrow exceptions. Do not plan around them without legal advice.
Shorter and special deadlines for property claims
Other rules about property claims can be much shorter than a general limitation period, or can work differently. The table below sets out several of them.
| Situation | Time rule |
|---|---|
| Registering a construction lien | 60 days, or 90 days for oil and gas well and concrete-related improvements |
| Enforcing a registered lien | Action and lis pendens within 180 days of registration |
| Caveat after notice to take proceedings | Lapse can be applied for after 60 days following service of the prescribed notice |
| Asking the court to discharge a caveat | The applicant or owner may apply at any time |
| Recovering possession of real property | No limitation period |
| Appealing a Surveys Act Board order | 30 days to the Court of King's Bench |
A lien that is not registered in time ceases to exist. Adverse possession is not a defence in a claim to recover possession of land. A caveat does not lapse if the caveator takes proceedings in court by application and a certificate of lis pendens is filed, and a judge may extend the time for sufficient cause if the application is made before the time expires. The lapse rule does not apply to a caveat protecting a restrictive covenant, which can be modified or discharged only by court order.
What to do next
If you think you have a claim, treat the dates as urgent. Real estate professionals have disclosure duties, for example a licensee acting for a seller must disclose to all buyers all material latent defects affecting the property that the licensee knows about, but how those duties relate to your deadline to sue depends on your situation, so it is worth confirming with a lawyer.
- Write down when you first noticed the problem and when you first suspected who caused it.
- Collect the purchase contract, inspection reports, listing material and correspondence.
- Check for any shorter deadline tied to your type of claim, such as a lien.
- Do not assume an exception such as fraudulent concealment applies to you.
- See a lawyer early, well before the two-year point, to confirm your dates.
Frequently asked questions
Is the limit two years or ten years?
Both apply. A claim for a remedial order must be brought within 2 years of when you knew or ought to have known of the injury, its cause and that a proceeding was warranted, or 10 years after the claim arose, whichever expires first.
Does the clock start when I close the deal?
Not necessarily. The two-year period starts when you first knew or ought to have known of the relevant facts. That may be later than closing, or earlier than you expect.
Can the deadline be extended if the seller hid a problem?
The 10-year period is suspended while the defendant fraudulently conceals that the injury occurred. Whether that applies depends on the facts and needs legal advice.
Is there a time limit to get my land back from someone using it?
There is no limitation period for a claim for recovery of possession of real property, and a defendant does not have a defence based on adverse possession. Other deadlines may still apply to related claims.
Sources
- Prompt Payment and Construction Lien Act, RSA 2000 c P-26.4, s. 41(1) (King's Printer) — kings-printer.alberta.ca
- Surveys Act, s. 9 — kings-printer.alberta.ca
- Limitations Act, RSA 2000 c L-12, s. 3.2(1) — kings-printer.alberta.ca
- Land Titles Act, s. 138 — kings-printer.alberta.ca
- Real Estate Act Rules (RECA) — reca.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a real estate question
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