Category Archives: Property

The property rights debate in Alberta

Posted on December 1, 2011 by Nigel Bankes

PDF version: The property rights debate in Alberta  Document commented on: “Albertans asked for property rights input,” Government of Alberta Press Release, November 24, 2011 Premier Redford has announced the creation of a task force to ask “Albertans for their … Continue reading →

Posted in Natural Resources, Property | 1 Comment

What is the effect of an invalid caveat? What is the effect of the lapse of an invalid caveat?

Posted on November 25, 2011 by Nigel Bankes

PDF version: What is the effect of an invalid caveat? What is the effect of the lapse of an invalid caveat? Case commented on: Humford Developments Ltd. v 1026451 Alberta Ltd., 2011 ABQB 655 The decision of the Alberta Court … Continue reading →

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Section 19 of the Perpetuities Act and the oil and gas lease as a fee simple determinable estate of a profit à prendre

Posted on November 1, 2011 by Nigel Bankes

PDF version: Section 19 of the Perpetuities Act and the oil and gas lease as a fee simple determinable estate of a profit à prendre  Statute commented on: Perpetuities Act, RSA 2000, c P-5. In a couple of years we … Continue reading →

Posted in Oil & Gas, Property | 3 Comments

Tenant Cannot Unilaterally Withhold Rent Because of Unsanitary Living Conditions

Posted on August 2, 2011 by Nickie Nikolaou

Case Considered: Herman v. Boardwalk Rental Communities, 2011 ABQB 394  Introduction Questions often arise about whether a tenant can refuse to pay rent because of something the landlord has or has not done, or because of the condition of the … Continue reading →

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Lack v. Alberta: Court Unmuddies and Advances Accretion Law

Posted on July 25, 2011 by Arlene Kwasniak

PDF version: Lack v. Alberta: Court Unmuddies and Advances Accretion Law  Case considered: Lack v. Alberta (Sustainable Resource Development), 2011 ABQB 379 Courts typically find the facts, ascertain the applicable law, and apply the law to the facts. When asked … Continue reading →

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