- A current title lists registered interests and claims against the property, and an owner holds the land subject to what is endorsed on it.
- Once a certificate of title has been granted, no instrument passes an estate or interest in the land unless it is executed and registered under the Land Titles Act, except that a leasehold of three years or less can pass without registration.
- How a writ is paid out and discharged depends on the facts, so confirm the steps with a lawyer before you rely on a sale or refinance closing.
Finding a writ of enforcement listed against a property can be alarming, whether you own the home or you are about to buy it.
This article explains how to confirm what is on a title, why registered items matter for a sale or refinance, and the practical steps to take. The specific rules about amounts, payout and discharge depend on the facts, so a lawyer should confirm them.
This article covers the law of Alberta.
Start by reading the current title
A land title shows the current owner, mortgages, caveats, easements, contractor claims against the property and other registered interests. To get a current title search you need one of: a legal description, a land identification number code (LINC), or a title number.
Order a fresh copy rather than relying on an old one. Titles can be searched through SPIN2 or a registry agent, and since May 29, 2025 through ARLO.
Why registered items matter
The owner holds the land subject to the encumbrances, liens, estates and interests endorsed on the certificate of title. In practical terms, an item on title does not go away just because the owner changes or the property is listed for sale.
A title also does not necessarily show everything. Land is subject, without being mentioned on the title, to matters such as unpaid taxes, public highways and rights of way granted under Alberta law. A search reflects only what has been registered.
Effect on selling or refinancing
A buyer or lender will normally check the title and expect registered claims to be dealt with before they close. Whether a particular claim blocks a sale or refinance, and how it must be resolved, depends on the facts and on the terms of the sale or loan.
Once a certificate of title has been granted, a transfer or mortgage must be executed and registered under the Land Titles Act to pass an estate or interest in the land, although a leasehold of three years or less can pass without registration. Requests are examined in the order they entered the Registrar's pending registration queue, and incomplete or improper requests may be returned for correction or rejected in certain cases. Build in time for this.
- Ask the buyer's or lender's lawyer what they need cleared before closing.
- Ask your lawyer how the claim can be paid out and how its removal is registered.
- Check current processing times in SPIN II before you set a closing date.
Payout and discharge
How a registered claim is removed from title depends on the kind of claim, and the rules differ from one type to another. The exact procedure, who must sign, and what proof is needed vary with the claim, so confirm them with a lawyer.
If a registration request is refused because it is incomplete or improper, a re-examination fee may be charged. Registration fees are required at the time of submission.
What to do next
- Order a current title using a legal description, a LINC or a title number, and read every registered item.
- Write down the details of any related document you see, and check how to get copies if you need to see them.
- If you do not recognize the claim, or think it is wrong, speak to a lawyer promptly.
- Share the title with your lawyer and lender or buyer so the plan to clear it is agreed before closing.
Frequently asked questions
Will a writ of enforcement stop me from selling?
It depends on the claim and on the terms of the sale. Buyers and lenders usually want registered claims dealt with before closing, so speak to your lawyer early.
How do I check whether a writ is on my title?
Order a current title using a legal description, LINC or title number. A title lists registered interests.
How is it removed from title?
The steps depend on the claim, so confirm them with a lawyer.
Can something affect my land without being on the title?
Yes. Land is subject, without being mentioned on the title, to matters such as unpaid taxes and public highways.
Sources
- Land Titles Act, RSA 2000 c L-4 (King's Printer) — kings-printer.alberta.ca
- Alberta.ca – Find land titles, documents and plans — alberta.ca
- Alberta.ca – Register a land title document or plan — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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