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. 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.
Many people have found themselves in a dilemma and confusion at times hence the need to handle lien cases in a manner that is not compromising. 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. According to the Builders’ Lien Alberta Act, you can only lien what you are owed and nothing less or more. 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.
Where legal ways were not observed, lien may 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. Like any other case, you are required to have evidence that will prove beyond reasonable doubt that you did not deserve the lien. It is to your good if you just pay up if the lien was placed justly. You can borrow the money if you don’t have it then when your name is cleared pay back.
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. 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. 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.