Builders Liens Homepage
FAQ Homepage
What is the time limit for filing a claim of lien?
A claim of lien must be filed in the Land Title Office the earlier of:
- 45 days after the date on which the certificate of completion was issued; or
- if there is no certificate of completion, 45 days after the head contract has been completed, abandoned or terminated; or
- if there is no head contract, 45 days after the improvement has been completed or abandoned.
If the claim of lien is not filed in the Land Title Office within the time set out in the Builders Lien Act, the lien against the lands and improvement is extinguished. As the right to a lien against the lands and improvement is created by statute, and does not exist at common law, the courts do not have the power to extend the time for filing a claim of lien, even by one day.
For additional information on this topic, or any builders lien matter, please contact Amy Mortimore.
Related Topics:
How long does a claim of builders lien last?Disclaimer:
This FAQ section is for informational purposes only, for the
convenience of our visitors. While these questions and answers are
about legal issues, they are not a substitute for consultation with
a lawyer, and should not be relied on as a basis for any legal
decision. As with anything of a legal nature, different circumstances
can create different results.
