Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Prompt Payment and Construction Lien Act

Part 8 — Enforcement of Liens

62 PROMPT PAYMENT Order for removal and sale of structure

Current to 2025-04-01 · Official PDF

(1) When the work performed or material furnished in respect
of which the lien arose results in the creation of an improvement
consisting of a structure, erection or building, then notwithstanding
(a) that the structure, erection or building may be affixed to or
has become part of the land, or
(b) section 11,
the court, if of the opinion that having regard to the value of the
improvement and the amount owing on the lien it is proper to do
so, may, on application of the lienholder in proceedings to enforce
the lien or in any other proceedings affecting the lien, order the
structure, erection or building removed and sold and the proceeds
of the sale applied on the lien that arose in respect of the
improvement.
(2) If the proceeds of the sale exceed the amount owing, the excess
shall be applied in the same manner as the proceeds of the sale of
the land and improvements remaining on it would be applied.
RSA 1980 cB-12 s48