RTA · Prompt Payment and Construction Lien Act
Part 6 — Registration
38 Reinstatement of lien
has been invalidated by an order or judgment for failure to comply
with section 155 or 156 of the Land Titles Act, the court may order
RSA 2000
PROMPT PAYMENT
the reinstatement of the lien or make any other order that is just in
the circumstances subject to the order not prejudicing
(a) any rights acquired in good faith for valuable
consideration subsequent to the discharge of the lien at the
land titles office as a result of the order or judgment
invalidating the lien, or
(b) any person who has acted in reliance on
(i) the order or judgment invalidating the lien, or
(ii) the discharge of the lien at the land titles office as a
result of the order or judgment invalidating the lien.
(2) In a proceeding under this section, the court may extend any
time limits provided for under this Act as the court considers
proper in the circumstances.
(3) The application shall be served on all persons who by the
records of the land titles office appear to have an interest in the
land in question and on any other persons that the court may direct.
(4) All persons, including lienholders, served with an application
are parties to the proceeding.
(5) A court clerk in the judicial centre in which a proceeding is
begun under this section may grant a certificate of lis pendens to a
lien claimant
(a) who is a party to the proceeding, and
(b) whose lien was invalidated for failure to comply with
section 155 or 156 of the Land Titles Act.
(6) A lien claimant who is granted a certificate of lis pendens
under subsection (5) may cause the certificate of lis pendens to be
registered in the appropriate land titles office.
(7) On receiving
(a) a certificate from a court clerk stating that the proceeding
for which a certificate of lis pendens was granted is
discontinued, or
(b) a withdrawal of a certificat e of lis pendens signed by the
person on whose behalf the certificate was registered,
the Registrar shall cancel registration of the certificate of lis
pendens.
RSA 2000
PROMPT PAYMENT
(8) No order or judgment shall be made or granted in any action,
including any action commenced before the coming into force of
this section, invalidating a lien for the failure of the statement of
lien to comply with section 155 or 156 of the Land Titles Act.
RSA 2000 cB-7 s38;2009 c53 s28;2011 c14 s2;
2011 c20 s2