Did you recently find out that someone filed a lien against your property?
Well, while that may not be the best news for you, you’re taking the right step by reading this article!
Whether you’re looking to buy a home, sell your property, or just have your name cleared, then keep reading to find out exactly how long a lien stays on your property.
Let’s dive in.
What Is a Construction Lien in Ontario?
In Ontario, a construction lien is a claim someone makes legally for payment due to goods or services that have been supplied to a property.
This could be from work done on a brand new property or a home renovation. Anyone involved in the construction could file a lien. This includes contractors, subcontractors, and even suppliers of goods.
Sometimes called a mechanic’s lien or builders’ lien in other Canadian provinces, the construction lien is a way that construction professionals ensure they’re paid for the work they’ve done.
If you’ve found a lien filed against your property, it should be taken seriously. If you ever want to sell your home, then you’ll need to have the lien removed before you can officially sell.
How Long Will a Lien Stay On Your Ontario Property?
Receiving news that your property has a lien on it can be a tough pill to swallow.
However, with the right course of action, you can have it removed or dealt with so you can get back to normal life.
Construction liens are typically registered on the title of your home in a public record. This means anyone can access the public records of your property lien – including potential homebuyers.
However, sometimes a lien can’t be registered on title like when the land is owned by the Crown.
In order to perfect a construction lien, a claimant has to commence action in the Superior Court of Justice. They also have to register a certificate of action on the title of the property.
The Construction Act outlines strict deadlines in order to preserve and perfect a lien. If the claimant fails to perform specific actions by specific times, the lien may expire.
However, if they follow the appropriate steps, the lien will stay on your property as per the dictated timelines set out in the Ontario Construction Act.
If you’re wanting legal help to remove a lien from your property, the safest option is to seek legal advice. At Falcon Law, our experienced team of lawyers can help remove a lien from your property. Reach out to us today for more help or if you have any questions about property liens.