May 20, 2024

Obligate Law

Professional Law Makers

Law of Property Act Alberta: the basics on land ownership

1 min read
Law of Property Act Alberta: the basics on land ownership

Principle of adverse possession

The Law of Property Act of Alberta has also undergone recent amendments. One of them is the abandonment of the principle of adverse possession when it comes to real property.

“By a recent noteworthy amendment to the Act, under Section 69.1, the principle of adverse possession (by which a person who is in open, notorious and exclusive possession of another’s land for a continuous period of at least 10 years, is deemed to be the owner of that land) was abolished in Alberta,” Anderson says.

In other words, even though a person possesses the land for more than 10 years, it would not translate into full ownership due to the principle of adverse possession’s abandonment.

Clarifies mineral rights

In relation to Alberta’s Surface Rights Act, the Law of Property Act also clarifies ownership rights and access to subsurface minerals and resources.

The Act listed what are considered as minerals that can be subject to the rights of a surface owner, such as excavation. It also states that sand, gravel, clay, and marl are generally owned by surface owners.

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