Can a homestead quarter section be separated from a piece of land jointly owned?
Alberta, Canada
The following excerpt is from McColm v. Belter, 1974 ALTASCAD 65 (CanLII):
There was no argument before us as to estoppel, or that the homestead quarter section could be separated from the piece of land jointly owned, and that the agreement would be enforceable with respect to such jointly owned land, as was the case in Martens v. Burden (supra). I do not say this by way of criticism of counsel, for on the facts of this case neither argument could, in my opinion, have been successful.
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