What You Need To Know About Builder’s Lien Alberta.
The Builder’s Lien in Alberta is an Act designed to protect contractors and suppliers of materials with security for their payment. Simply put, a contractor or supplier can foreclose on your property if they raise a case of non-payment. There is a lot of technical issues that can arise in the process and therefore the lien doesn’t necessarily mean that the enforcer of the lien will indeed get their payment.
Who is entitled to register a builder’s lien in Alberta? A contractor who has done any work on the property or delivered material for use on the property is entitled to register this kind of claim. Here, the term work can refer to any improvements done on the land, any digging or drilling, erection of anything, any construction or anything that has been placed on the property meant to bring some improvement. When it comes to the supplier, the materials delivered must have been used on the land so as to have a valid lien.
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. According to the Builders’ Lien Alberta Act, you can only lien what you are owed and nothing less or more. This is very interesting and it has a catch being that you have to file in a time frame of forty five days since the last day you worked.
Where legal ways were not observed, lien may lapse after a period of one hundred and eighty days.
The good news for owners is that you can have the lien removed from your property. 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. If you are plain guilty then just own up and pay your debts. Don’t let the fact that you don’t have the money be the reason of having a lien in your title.
When all is said and done and you need it out then you can go to court and request a court order to remove the lien from your property. The catch with a court order is that the lien had to be replaced with money that adds up to the value of the lien plus other costs that amount to about 15 percent of the lien. The holder of the lien has to give permission when it comes to getting a consent order. The money can only be held in place of the lien if the holder says so.