How to Remove a Construction Lien
Posted: 2013-05-29 08:05:18
If someone has placed a lien on your property that you wish to have removed, there are two ways you can do this.
The first is to reach an agreement with the lien holder. The lien holder may remove their own lien by providing the land registry office with a release and an affidavit of execution. The release is a standard form document Â– in Ontario, it can be found here (http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900175_e.htm#BK13).
If you cannot reach an agreement with the lien holder then you can consider asking the court for an Order removing (or Â“dischargingÂ”) the lien on your property. The court will allow this when there is no money owing to the lien holder or because the lien was placed incorrectly Â– in each case, you will need to show the court evidence that supports your position.
A construction lien must be registered (or Â“preservedÂ”) within 45 days of the completion or abandonment of the project in question. Once this has been done, the lien holder has another 45 days to Â“perfectÂ” the lien, or in other words, to file a statement of claim with the court to enforce the lien. If the lien holder has not met these time requirements, the court will typically grant an order removing the lien.
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