This is blog will help you with the following questions:
How do I remove a construction lien from my house?
How can I vacate a construction lien from title of a property?
How can I respond to a construction lien registered against my house?
If a construction lien has been registered against title to your property, including your house, rental property, commercial property, other property, you may be able to vacate the construction lien from the title of your property. Generally, the first step towards construction lien litigation is the service of a registered construction lien along with a demand letter. In response to this, you have many options including (a) to not respond at all, (b) to serve a response demand letter, (c) commence a claim for slander of title proceedings, or (d) vacate the construction lien from title of your property. In this blog we will be speaking to the last option which is to vacate the construction lien from title of your property.
Once you are served with a registered construction lien, it is advisable to contact a construction law lawyer to assist you in your response. If you decide to vacate the construction lien, then your lawyer would be required to bring a court motion. Traditionally such motions needed to be brought in person while appearing in front of a judge or construction master. However, due to the COVID-19 pandemic the courts have permitted in-writing hearings or virtual hearings of the motion to vacate a construction lien.
As part of the motion, your lawyer would be required to present to the judge an affidavit containing the material facts of the case, a notice of motion requesting the relief of vacation of the construction lien, and proof funds in the value of the construction lien and further funds as security for costs. These are requirements set out in the Construction Act, and without these, among other things, the motion to vacate the construction lien may not be successful.
Once an order is received to vacate the construction lien, your lawyer or the lawyer for the lien claimant would be required to remove the construction lien from title of the property. In effect, the construction lien would be removed from the title and then the “lien” would be placed against the funds secured with the court (see above funds required to vacate the construction lien). The funds would remain with the court pending the resolution of construction lien and/or related court action or could be released earlier upon the mutual consent of the parties.
If you have any more questions about a construction lien which is registered against your property, feel free to contact our construction lawyers for a free 15-minute consultation. Our construction lawyers can be reached at info@falconlawyers.ca or 1-877-892-7778. Do also find further information about our construction lien services by clicking here.
By: Raz Toor
November 12, 2021
