What You Need To Know About Builder’s Lien Alberta.
A builder’s lien is an Act in Alberta designed to protect against non-payment of contractors and suppliers of materials. In simple terms, it gives room to a contractor and/or supplier to foreclose on land or property to get their dues. Since there are too many technicalities with the Act, raising the claim does not always end up resulting in the payment of the claim.
First let’s look at who is entitled to register this kind of claim as per the builder’s lien in Alberta. As it may happen, any contractor or supplier of material who has done any work on the property in question or delivered material for use is entitled to register a claim. Work done in this case, refers to an improvement on the land, digging or drilling, erection of anything on the land, construction or anything placed. In order for a lien to be valid for a supplier, material supplied must have already been used on the property.
The reason why it can be confusing at times is because a good number of individuals have the belief that is simple to file an incorrect lien. In this process, there is no evidence that is required and this becomes hard for some people. It is imperative to understand that you are only required according to the Act to lien only what you are owed and nothing else. Since the last day you worked, that is when you are supposed to file a lien and it should be within a timeline of forty five days.
Lien is prone to lapse after a period of a hundred and eighty days in the event that the proper channels are not followed and no legal ways were observed.
Even after a lien is placed on your property, it is not permanent because if you go through the right channels you can have it out. When you are innocent and you can prove it, you have a chance of arguing it in court. You however need to be equipped with evidence so that it will be removed. It is to your good if you just pay up if the lien was placed justly. Don’t let the fact that you don’t have the money be the reason of having a lien in your title.
You still have a chance of having the lien removed even though the holder does not agree to it because a court order will give you the right. To get a court order you will be required to pay the court the value of the lien plus a fine of about 15%. When it comes to a consent order, the requirements are more because you need approval from the holder to remove the lien. He has to agree to the replacement of the lien with the money.