A builders’ lien is a claim that is registered against property for unpaid work, services, or building materials supplied to you. If a builders’ lien has been registered against your property, we encourage you to order a copy and review it with a trusted legal advisor to discuss your options.
Options you may consider:
1. Wait for a legal proceeding: You may simply wait for the party that registered the builders’ lien to start a legal proceeding against you in court to enforce the lien. The legal proceeding must begin within two years of the date of the registration of the lien. If a Pending Litigation Order isn’t filed at Land Titles within two years, we’ll remove the builders’ lien upon your submission of a written request.
2. Apply for a 30-Day Notice: You can apply for a 30-Day Notice at Land Titles, which notifies the party that registered the builders’ lien that you’re challenging its validity. Once notified, the party that registered the lien has 30 days to start a legal proceeding against you. If a Pending Litigation Order isn’t filed at Land Titles within 30 days, we’ll remove the builders’ lien upon your submission of a written request.
3. Pay the money claimed: If you agree that the money claimed in the builders’ lien is owed, you may pay the amount claimed to the party that registered the lien for it to be discharged. To remove the builders’ lien, a Discharge form must be registered by the party that registered the lien.
4. Pay a sum of money to the court: The money will be held by the court until a settlement has been reached. When the amount payable is received, the court may issue an order removing the builders’ lien from your property. We may then remove the lien upon your submission of a written request with the original order or a court certified copy of the order attached.
All written requests are subject to a service fee and must be made using the Request/ Transmission form, which is available at https://teranetmanitoba.ca/land-titles/land-titles-forms/
If you have any questions, please contact Teranet Manitoba by email at clientservice@teranet.ca or by phone at 1-844-737-5684 and ask to speak with the District Registrar or Deputy District Registrar.