Is misdescription of a piece of land included in a certificate of title to a parcel of land invalid?
Alberta, Canada
The following excerpt is from Edwards v. Duborg, 1982 CanLII 1224 (AB QB):
In Turta v. C.P.R., supra, the majority of the court held that the misdescription exception did not apply. In that case at p. 128 Estey J. stated: This clause contemplates one person claiming land, which has been included in a certificate of title of other land by misdescription of that other land or of its boundaries, against the owner of that other land. In other words, this section contemplates a contest between two parties in respect to a piece of land which has been wrongly included in a certificate along with other land.
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