Question
Regarding the registration of interests in land, which of the following is incorrect? a. If a transfer document were forged (ie. a husband forges his
Regarding the registration of interests in land, which of the following is incorrect?
a. If a transfer document were forged (ie. a husband forges his wife signature on sale and transfer documents), the fraudulent sale and transfer are void. The victim of the forgery (ie. the wife) will retain her interest in the land.
b. If Tom sells a property to Jack on Monday, and sells the same property to Harry on Tuesday, and Harry registers the transfer on Wednesday before Jack, then Harry will get title to the property. Jack will lose his interest in the property.
c. Alberta Land Titles guarantees a purchaser doing a title search can rely on the information shown on title. If an easement holder submitted his registration documents to the Land Titles office, and as a result of land titles administrative error, the interest was never registered, the easement holder would lose his interest in the property if the land were sold.
d. If an easement interest has been acquired through contract (and all elements of a valid contract are satisfied) the easement holder has a contractual right against the property owner. In order to have a right in the property, the easement holder must register his interest at the Land Titles office. If this is done correctly, subsequent owners of the property will be bound to honor the easement.
e. Alberta Land Titles guarantees the accuracy of title. In the instance, that an administrative error is made, an assurance fund is available to compensate an interest holder who lost their interest in the property due to administrative error.
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