Things You Should Know About The 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. 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.
Who is entitled to register a 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. 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. This is because there is no evidence of debt that is needed in this process and this makes it a little bit tricky. It is vital to understand that you can only lien a property on what you are owed and not further than that. 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.
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.
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. 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. 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. Money has to be placed in court so that the lien can be removed and it should be the worth of the lien with an addition of other charges. A consent order needs consent from the holder of the lien. The money can only be held in place of the lien if the holder says so.