What You Need To Know About Builder’s Lien Alberta.
There exists an Act in Alberta that protects contractors and suppliers of materials from non-payment known as Builder’s lien. Simply put, a contractor or supplier can foreclose on your property if they raise a case of non-payment. Raising it however, doesn’t necessarily mean that the claimant will get their payment because there are too many technicalities with the Act.
First let’s look at who is entitled to register this kind of claim as per the builder’s lien in Alberta. Any contractor or supplier of materials is actually entitled to register a lien as long as they have done any work on the land or delivered material to the property. The term work in this case refers to any erection of anything on the land, any construction, any drilling or digging any erection, or the placing of anything on the land in a bid to improve it. Materials delivered must be used on the land so that a claimant can 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. Since no evidence is needed, it is a little hard to some people and the fact that some believe it is easier to file an incorrect lien. It is vital to understand that you can only lien a property on what you are owed and not further than that. Within a time frame of forty five days since the last day you worked, that is when you can file and not more than that.
In the event that the proper channels are not followed and no legal ways are observed, lien is prone to lapse after a period of one hundred and eighty days.
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. The thing is that at times the lien was not placed correctly, you have a chance to take it to court. If you don’t have evidence then you don’t stand a chance so make sure you gather as much as possible. It is to your good if you just pay up if the lien was placed justly. If you don’t have the money and you really want to pay and get rid of the lien then you can borrow then pay back when you can.
When you know for sure that you deserved it and there is no way to run you can go to court and request to have it removed. 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. When it comes to a consent order, the requirements are more because you need approval from the holder to remove the lien. The holder must give a go ahead to have the money replace the lien.