Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Prompt Payment and Construction Lien Act

Part 2 — Creation of Lien

31 Merging of lien

Current to 2025-04-01 · Official PDF

(1) A lien is not merged, paid, satisfied, prejudiced or destroyed
by
(a) the taking of any security,
(b) the acceptance of a promiss ory note or bill of exchange,
(c) the taking of any acknowledgment of the claim,
(d) the giving of time for payment, or
(e) the taking of proceedings f or the recovery of a personal
judgment,
unless the lienholder agrees in writing that such an action is to have
that effect.
(2) If a promissory note or bill of exchange issued in respect of the
claim of a lienholder has been negotiated, the lienholder does not
by that negotiation lose the lienholder's lien if the lienholder is the
holder of the promissory note or bill of exchange
(a) at the time of beginning pro ceedings to enforce the lien, or
(b) at the time of proving the lienholder's claim in
proceedings, when those proceedings are brought by
another lienholder.
RSA 1980 cB-12 s22