540 Land Titles (Noce)

LAW540 

Land Titles

(Noce)

Prerequisite courses: 

Prerequisite for:

Instructor(s): Roberto Noce

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

1. Evaluation is by a final, closed-book examination to be given during the regular examination period (See: Always check the examination schedule

on the Academic Resources page to confirm the date, time, and location of the final examination).

2. The only materials that will be permitted in the exam room are unannotated copies of (a) the assigned legislative materials; and (b) the course outline.

3. The exam is worth 100% of your grade.

COURSE DESCRIPTION

The objective of this course is to provide you with a comprehensive understanding of the land title system in Alberta, focusing on the principles and practices of the Torrens system. This course delves into the fundamentals of the Torrens system, a distinctive feature of Alberta's land title framework, ensuring accurate and secure property ownership records. 

By the end of the course, students should be in a position to:

1. understand the rudiments of: common law and equitable rules of priority; deeds and land titles registration systems; and title insurance;

2. understand Alberta's system of land registration and title protection;

3. understand, analyze, and apply the law and policy affecting disputes concerning land registration in Alberta and the interrelationship among these various elements; and

4. understand and appreciate the options for reform and title insurance.

There are 10 units in this course (Note: dates and topics are subject to change):

1. Introduction (September 4 and 11, 2024);

2. Priorities at Common Law and in Equity (September 11, 2024);

3. Deed (or Recording) Registry Systems (September 18, 2024);

4. Introduction to the Torrens System (September 25, 2024);

5. Qualifications on Indefeasibility (Part I) (October 2 and 9 and possibly October 16, 2024);

6. Qualifications on Indefeasibility (Part II) (October 16 and 23, and possibly October 30, 2024);

7. Overriding Interests (November 6 and possibly November 13, 2024);

8. Caveats (November 15 and possibly November 20, 2024);

9. Assurance Fund and related matters (November 27, 2024);

10. Reform (including Title Insurance) (December 4, 2024).

Land conveyancing involves documentation. Therefore, studying various documents can be helpful in understanding the concepts dealt with in this course. We will have the opportunity to examine some of these materials.

Occasionally, newspaper articles and other media sources touch directly on topics covered in the course. I encourage you to bring anything of that nature that you find to class.

SPECIAL COMMENTS

Description updated 2024-25. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

1. Land Titles Cases and Materials 2022 Edition (Compiled by Bruce Ziff; Edited by Roberto Noce);

2. Land Titles Statutory Materials 2022 Edition (Compiled by Bruce Ziff; Edited by Roberto Noce); and

3. Supplementary cases and readings assigned from time to time - sent via email directly to the student.