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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100049
Experience:  Lawyer
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WE purchased a piece of land from our local town in 2011.

Customer Question

WE purchased a piece of land from our local town in 2011. Today I come across a copy of the land title certificate and notice that there are still caveats in place, dating back to 1913, 1914. Should these have not been removed when the purchase was made? and how do I get them off the title now??
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Thank you for requesting me. Did your real estate lawyer not mention then before you closed?What are they for?
Customer: replied 1 year ago.
The town office did the transfer. It was for a small piece of land the town owned for a dam, located in the center of our property.
The caveats are for The Cardston Coal and Coke Co Ltd., I believe there this was a small surface coal operation on our property back in the early 1900's, where people would come and load coal into their wagons from a coal vein that existed there. The other caveat is for Makinnon oil and gas Co. dated Aug 15, 1914.... no idea what this is from! in 1916 a utility right of way grantee for the town of Cardston as to portion or Plan :IRR230 "extended over the water line".... This must have something to do with the dam the town had there at the time...
The dam is no longer in existance.
The last one is 1980 Utility right of Way Grantee -Her majesty the Queen in Right of Alberta as represented by minister of the environment "surrendered except r/w on Plan(###) ###-####811096120 26 05 1981"
I would like to clean this up if possible. How do I do this?
Expert:  Debra replied 1 year ago.
That makes sense.I suggest you contact the city and tell them that they failed to give you clear title and that you require that they address this now by doing whatever steps necessary to provide you with a clear title because when you bought the property you were implicitly if not explicitly told that the title was clear.

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