Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Prompt Payment and Construction Lien Act

Part 7 — Expiry and Discharge of Lien

48 Lien removed

Current to 2025-04-01 · Official PDF

(1) The court may, on application, order that the registration of
a lien be removed from the title to the land concerned
(a) where security is given or payment is made into court for
(i) the amount of the claim,
(ii) the maximum amount for which the lien may
properly attach under section 18(3) or (4) or 23(3) or
(4), or
(iii) such lesser amount a s the court determines,
and any costs that the court may fix,
RSA 2000

PROMPT PAYMENT
(b) where the relevant lien fund has been paid out under this
Act, or
(c) on any ground not referred to in clause (a) or (b) as the
court considers proper.
(2) Money paid into court or any security given under subsection
(1)
(a) stands in pl ace of the land,
(b) is subject to the claims of the person whose lien has been
removed, and
(c) shall not affect the amount required to be retained under
section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2).
(3) At any time following service of an application, a party may
file with the court and serve on the registered lienholder a notice to
prove the lien.
(4) A registered lienholder served with a notice to prove lien shall,
within 15 days from the day of the service of the notice on the
lienholder, file with the court in which the proceedings were
commenced an affidavit providing detailed particulars of the
lienholder's lien.
(5) A registered lienholder on whom a notice to prove lien is
served and who does not file the lienholder's affidavit
(a) within 15 days from the day of the service of the notice, or
(b) within any further period that the court may order on
application,
loses the lienholder's lien.
(6) Any party to the application may question the registered
lienholder on the lienholder's affidavit filed pursuant to this
section.
RSA 2000 cB-7 s48;2001 c20 s12;2009 c53 s28;2011 c20 s2;
2020 c30 s22