3,009
edits
Difference between revisions of "Builders Liens"
From Clicklaw Wikibooks
no edit summary
Dial-A-Law (talk | contribs) |
Dial-A-Law (talk | contribs) |
||
| Line 53: | Line 53: | ||
==What can a landowner do to remove a lien?== | ==What can a landowner do to remove a lien?== | ||
A landowner may not want to pay off the lien if there is a dispute about whether it is valid. Or a landowner may not be the person in default—for example, the lien claimant supplied materials to a subcontractor who has not paid for them. But in either case, a landowner may not want the property tied up in a long court battle that interferes with selling or mortgaging it. The Act lets a landowner pay money into court—either the full amount of the lien or a smaller amount linked to the holdback kept from the person who owes the money. The court can then order the lien and CPL to be removed from the property. Then the lien has no further effect on the property. The money paid into court is held as security for the lien—to be paid to the claimant if the lien is eventually proven. | A landowner may not want to pay off the lien if there is a dispute about whether it is valid. Or a landowner may not be the person in default—for example, the lien claimant supplied materials to a subcontractor who has not paid for them. But in either case, a landowner may not want the property tied up in a long court battle that interferes with selling or mortgaging it. The Act lets a landowner apply to court to pay money into court—either the full amount of the lien or a smaller amount linked to the holdback kept from the person who owes the money. The court can then order the lien and CPL to be removed from the property. Then the lien has no further effect on the property. The money paid into court is held as security for the lien—to be paid to the claimant if the lien is eventually proven. | ||
A land title search will typically show whether a lien has been filed against a property. | A land title search will typically show whether a lien has been filed against a property. | ||
==If a lien is filed based on false information== | |||
Under [http://www.bclaws.ca/civix/document/id/complete/statreg/97045_01#section45 section 45] of the Act, a person who knowingly files a lien with a false statement could be fined up to $2000 plus the amount by which the lien exceeds the actual claim. And the person could be liable for damages for abuse of process and slander of title. | |||
==Can a landowner—or others on the project—speed things up?== | ==Can a landowner—or others on the project—speed things up?== | ||
| Line 86: | Line 89: | ||
[updated | [updated July 2018] | ||
'''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.''' | '''The above was last reviewed for accuracy by Anna Kurt and edited by John Blois.''' | ||
