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ARTICLE · 26 APRIL 2023

ABKB Confirms That Lost Or Missing Instruments Registered On Title Are Still Enforceable

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In Ferguson v. Tejpar, 2022 ABKB 656, the Alberta Court of King's Bench (the ABKB) provided guidance on the enforceability of a caveat where the underlying document has been lost...

CanadaReal Estate and Construction
Daniel Yereniuk
Daniel Yereniuk
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In Ferguson v. Tejpar, 2022 ABKB 656, the Alberta Court of King's Bench (the ABKB) provided guidance on the enforceability of a caveat where the underlying document has been lost, mislaid or destroyed by the Alberta Land Titles Office (the LTO) and is therefore not available for review, and what steps need to be taken by interested parties in such circumstances.

What you need to know

In rare instances, the LTO will not have a copy of an instrument that is registered on title. In such circumstances, the owner of the property, subsequent purchasers and other interested parties may still be bound by the instrument. To confirm if the instrument will affect the interested party or their use of the property, reasonable efforts must be made to locate the missing instrument; simply reviewing the title will not be sufficient.

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