Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Prompt Payment and Construction Lien Act

Part 7 — Expiry and Discharge of Lien

43 Expiry of registered lien

Current to 2025-04-01 · Official PDF

(1) A lien that has been registered ceases to exist unless, within
180 days from the date it is registered,
(a) an action is commenced under this Act
(i) to realize on the lien, or
(ii) in which the li en may be realized,
and
(b) the lien claimant registers a certificate of lis pendens in
respect of the claimant's lien in the appropriate land titles
office.
RSA 2000

PROMPT PAYMENT
(2) A court clerk in the judicial centre in which an action is begun
may grant a certificate of lis pendens to any lienholder who is a
party to the proceedings.
(3) Any lienholder who is a party to the proceedings may cause a
certificate of lis pendens to be registered in the appropriate land
titles office.
(4) On receiving
(a) a certificate from a court clerk stating that proceedings for
which a certificate of lis pendens was granted are
discontinued, or
(b) a withdrawal of a certificat e of lis pendens signed by the
person on whose behalf the certificate was registered or
the person's agent, if the claim was signed by that agent,
the Registrar shall cancel registration of the certificate of lis
pendens.
(5) The Registrar without charge may on the Registrar's own
initiative, and shall on request, cancel registration of a lien where
the lien has ceased to exist under subsection (1).
RSA 2000 cB-7 s43;2011 c20 s2