In what circumstances will a caveat be allowed to be lodged on a piece of land where the caveator’s claim is invalid?
Alberta, Canada
The following excerpt is from Andersen v. Sinclair, 1976 CanLII 282 (AB QB):
In McKillop v. Alexander (1912), 1912 CanLII 31 (SCC), 1 W.W.R. 871 at 881, 45 S.C.R. 551, 20 W.L.R. 850, 1 D.L.R. 586, Anglin J. stated: “… a caveat when properly lodged prevents the acquisition or the bettering or increasing of any interest in the land legal or equitable, adverse to or in derogation of the claim of the caveator — at all events, as it exists at the time when the caveat is lodged.”
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