Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Prompt Payment and Construction Lien Act

Part 2 — Creation of Lien

15 Liens on lease or life estate

Current to 2025-04-01 · Official PDF

(1) When the estate on which a lien attaches is a freehold estate
for a life or lives or a leasehold estate then, if the person doing the
work or furnishing the material gives to the person holding the fee
simple, or that person's agent, notice in writing of the work to be
done or materials to be furnished, the lien also attaches to the estate
in fee simple unless the person holding that estate, or that person's
agent, within 5 days after the receipt of the notice, gives notice that
the person holding that estate will not be responsible for the doing
of the work or the furnishing of the materials.
(2) When the estate on which a lien attaches is leasehold, no
forfeiture or cancellation of a lease, except for non-payment of
rent, is effective to deprive a lienholder of the benefit of the lien,
but the lienholder may, in order to avoid forfeiture or termination
of the lease for non-payment of rent, pay any rent due or accruing
due on the lease and continue the lease to its term and the sum so
paid may be added to the claim of the lienholder.
(3) This section applies in respect of land other than minerals.
RSA 1980 cB-12 s12