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Alberta Real Estate Licensing Exam Practice · Question

A buyer is reviewing the Certificate of Title for a property in Calgary. The title shows a caveat registered by 'ABC Construction Ltd.' related to unpaid work. What is the primary purpose of this caveat under Alberta's Land Titles Act?

Under the Land Titles Act, a caveat acts as a warning or 'cloud' on the title, notifying anyone dealing with the land of an interest claimed by the caveator. It

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Question: A buyer is reviewing the Certificate of Title for a property in Calgary. The title shows a caveat registered by 'ABC Construction Ltd.' related to unpaid work. What is the primary purpose of this caveat under Alberta's Land Titles Act?

Answer options:

  • It permanently transfers a portion of the property ownership to ABC Construction Ltd. until the debt is paid. ✅ It serves as a warning to potential buyers that there is a claim against the land, preventing registration of new interests that might conflict with the claim without its removal.
  • It automatically grants ABC Construction Ltd. the right to repossess the property if the debt is not settled within 90 days.
  • It represents a direct mortgage registered against the property by a private lender, requiring immediate repayment.

Correct answer: It serves as a warning to potential buyers that there is a claim against the land, preventing registration of new interests that might conflict with the claim without its removal.

Explanation: Under the Land Titles Act, a caveat acts as a warning or 'cloud' on the title, notifying anyone dealing with the land of an interest claimed by the caveator. It prevents the registration of subsequent instruments that would affect the caveator's interest, forcing resolution of the claim before further dealings.

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