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You can search through registers like the Personal Property Security Register (British Columbia) or Land Titles to see if the CRA has placed a lien on your property. Many Canadians do not, however, know that these registers exist and may not think to check.
A notice of intent to lien is a legal document that is filed by a contractor or supplier who has not been paid for goods or services provided to a property owner. The notice serves as a warning to the property owner that the contractor or supplier intends to file a lien on the property if the debt is not paid.
The direct contractor is required to get release signatures for you from the potential lien claimants. After you pay, the contractor should provide you with an unconditional release signed by each of the claimants paid for the portion of the work being released.
A lien can result when the prime contractor (referred to as a "direct contractor" in mechanics lien revision statutes, effective July 1, 2012) has not paid subcontractors, laborers, or suppliers. Legally, the homeowner is ultimately responsible for payment ? even if they already have paid the direct contractor.
To register an interest, fill out the form for the type of lien you wish to register and drop it off at a registry agent. Some interests must be registered within specific time frames. You should allow adequate lead time for processing by a registry agent if there are any legislative time limits for registration.
Non-purchase-money security liens. Statutory liens. Mechanic's liens / tax liens. Judgment liens.
Step by Step Instructions Ask the claimant to release the lien. ... Prepare the required court documents. ... Copy and assemble the documents. ... File your documents, pay filing fee, and ask clerk for hearing date. ... Have the Petition and other documents served.
Protect Yourself With a Release of Lien (Lien Waiver) Fortunately, it's a simple process. A Lien Waiver is similar to a receipt. It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property.