Hometime

Hometime · Alberta legislation

RTA Residential Tenancies Act

RTA · Prompt Payment and Construction Lien Act

Part 7 — Expiry and Discharge of Lien

45 Notice to commence an action

Current to 2025-04-01 · Official PDF

(1) Notwithstanding section 43 or 44, if an owner or another
person affected by a lien serves written notice on the registered
lienholder to commence an action to realize on the lienholder's lien
and the registered lienholder does not
(a) commence an action to realize on the lien and pursuant to
that action register in the appropriate land titles office a
certificate of lis pendens, or
RSA 2000

PROMPT PAYMENT
(b) where the lienholder is a party to an action commenced by
another registered lienholder to realize on a lien, register
in the appropriate land titles office a certificate of lis
pendens in respect of the lienholder's lien,
within 30 days from the day that the registered lienholder is served
with the notice, the lien ceases to exist.
(2) Subsection (1) does not apply, with respect to the registration
of a certificate of lis pendens, where
(a) security is given or payment is made into court, and
(b) the lien is removed from the title to the land concerned.
(3) Notwithstanding section 67, for the purposes of this section,
service of a notice under subsection (1) shall be made only by
(a) personal service,
(b) single registered mail sent to the address for service set
out in the statement of lien, or
(c) delivery to the address that is the address for service se t
out in the statement of lien.
1985 c14 s18