Note: The new legislation, in conjunction with Alberta`s Prescription Act, allows each partner to apply for a division of property for up to 2 years from the date they know their relationship ended. Property rights can be complex and difficult to define. Landowners typically expect that: the use and enjoyment of their property; arrange the property as desired; exclude others from property; and sell it to whomever they want, all with minimal interference from the government or other people. This part of the guide describes the nature of property rights in Alberta and includes a discussion of how property rights are protected under Canadian law. The Real Estate Act of Alberta is the legislation governing mortgage brokerage licensees in Alberta, in the areas of residential and commercial real estate, property management, property management, property management. RECA administers the Act on behalf of the provincial government. Assessment of property rights and land use in Alberta. This one-year research project focused on property rights and land use regulation in Alberta. Canadians are sometimes surprised to learn that property rights do not enjoy the same constitutional protection as in other countries. Learn more. For the province of Alberta, land ownership and use are governed by both statute and common law. The common law reserves ownership of the property to the owner of the property, including the space above the surface. The Provincial Court of Alberta also plays a key role in regulating the control and expropriation of property in the area by local authorities and utilities.
Note: Existing property sharing agreements that were enforceable under the common law at the time they were signed are also enforceable under the new Act. Expropriation of property in Canada is defined as the occupation of private property by a municipal, provincial or federal authority for the benefit of the community. Although the government reserves the final right to ownership of land in the province, expropriation of private land without the presence of a clear intention or payment of the necessary compensation is considered a violation of the owner`s surface rights. To better understand these provisions, here is a comprehensive guide to property rights in Alberta: Surface rights in Alberta differ significantly from property rights in other democracies such as the United States and Australia. Ownership of property does not necessarily imply ownership in Canada. A recent review by the Provincial Court of Alberta led to the passage of the Property Rights Advocate Act, which aims to further streamline property rights in the region. Property rights can be complex and difficult to define. Some legal experts define property as a legally protected expectation to take advantage of one resource to the exclusion of others. Learn more. The Matrimonial Property Act, RSA 2000, C.M-8 is a key piece of legislation that traditionally regulates the division of property and property between divorcing married couples. In the event of a dispute between the partners and additional measures, the new Family Property Act provides for a system of division of property in the event of the breakdown of marriages and AIP relations. This rule is enforced by the courts when a spouse or former AIP applies for a family property order (a new option under the new law).
Beyond these laws, there are other laws, such as the Carbon Capture and Storage Funding Act, that establish ownership of underground properties in Alberta. To understand these regulations and their relevance to your residential or commercial property, it is advisable to consult an experienced real estate attorney. Property or surface rights in Alberta define the right of landowners to use, colonize or sell land, water and other subsurface property (other than resources designated by the Crown) at their discretion. The property parameters that owners can sell or use generally correspond to the concept of “heaven in hell”. This concept allows a landowner to use their land up to the outer and upper boundaries of the parcel. ALSA empowers Cabinet to adopt legally binding regional plans for private lands and any land use authority in the province. A regional plan may restrict a landowner`s rights to use or develop land, but as long as the appropriate private use of the land is left to the owner, it is likely that no compensation will be payable. If, on the other hand, a “conservation directive” is used to protect or enhance ecological, landscape or agricultural values in an ALSA regional plan, the law expressly provides the holder concerned by the conservation directive with a right to compensation – as if the expropriation had taken place. In this respect, Alberta`s legislation is arguably more generous than legislation elsewhere in Canada. In addition to ALSA, the guide addresses other issues related to other property laws in the province that affect subsurface and mineral rights.
While possession of property involves a variety of rights, it also confers obligations and responsibilities. The scope of these rights and obligations varies from country to country and even from province to province, depending on how the law defines and protects these rights. On January 1, 2020, it was renamed the Family Property Act. While the previous law, the Matrimonial Property Act, only applied to married couples, this new law will now also apply to cases of unmarried couples who are previously found to be in a relationship of dependency and separated after January 1, 2020. Prior to this amendment, there was no specific legislation in Alberta dealing with the division of property for unmarried couples, and in litigation, judges often had to gather the property claim based on common law legal doctrines and the application of precedents. The Office of the Property Advocate was created after the introduction of The Property Advocate Act and aims to promote justice with respect to the use of property in Alberta. The Office addresses a variety of property rights issues, including regulation: As partners often make different formal and informal arrangements during their relationship, it is important to hire a qualified practitioner to ensure you are not caught up in a web of complexities during the property division process. Contact our team today for tireless, conscientious, compassionate and professional expertise. While each case is different, this regime provides a structure that reflects the traditional matrimonial division of assets and debts. This may mean that even if the property or debts are in the name of a former AIP, the other partners may be required to participate (if they are considered a fair and equitable option).
At a high level, the court will take into account property acquired after the onset of arm`s length when calculating assets. This excludes (with a few exceptions) anything acquired as inheritance, tort, 3rd party gift and the proceeds of certain insurance policies that have nothing to do with property.