TORRENS TITLES TO MINERALS IN ALBERTA
AbstractThe Supreme Court of Canada recently interpreted the Land Titles Act restrictively against a defendant owner of valuable mineral rights and prevented him from using the Assurance fund. This spurred the creation of a special committee of the Benchers of the Law Society of Alberta to examine problems with the Torrens system in Alberta. The author is distressed over expressions of doubt, even in the Supreme Court, that the Torrens system can and should cure past defects of title. He systematically considers the committee’s recommendations and argues that several problems arising in Alberta are a result of misadministration of the system and not the system itself. He suggests greater requirements for the registrar to make the system run more smoothly.
Keywords:Mines and Minerals, Torrens System
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