If the two-year period has not yet passed, and you still want to remove the builder’s lien, you may be able to have the lien removed using the thirty day notice process. This is a four-step process. The steps are:
- Request the thirty day notice
The first step is the filing of a request for a thirty day notice at land titles. The request is made using the Request/Transmission form.
It is your job to complete the request. Unless you submit your request through eRegistration, you will need to fill out and file a Registration Details Application (RDA) form with your request. Copies of our forms are available on our website at https://teranetmanitoba.ca/land-titles/land-titles-forms/. There is a cost to file this request. Please see the land titles fees schedule for up-to-date fees.
Once land titles has received and reviewed your request, we will prepare the thirty day notice and send it to you. The notice will tell the lien holder that if they want to keep their builder’s lien on your title they will have to take you to court.
- Serve the thirty day notice
The second step in the process involves serving the thirty day notice on the lienholder. Service means giving or sending the thirty day notice to lienholder. If land titles is satisfied with the address in the builder’s lien, land titles will order you to serve the thirty day notice by sending it by registered mail to that address. If the address is not good enough, you will be ordered to give the notice to the Lienholder in person.
It will be up to you to serve the notice. Land titles does not serve the notice.
- Wait to see if you get sued
Once the thirty day notice has been served, the Lien holder has 30 days to go to court to protect their builder’s lien. If they do this, and then file a court order called a pending litigation order against your title, land titles will not remove the builder’s lien without a further court order.
- Request to have the builder’s lien removed
After the 30 days has passed, you can then file a request at land titles, asking us to remove the builder’s lien. You will once again use a Request/Transmission form.
In addition to the request, you must give us proof that the thirty day notice was properly served. This is done by attaching a sworn document called an Affidavit of Service to your request. In that document whoever it was that actually served the notice will swear that they did so. They will swear how and when they served it. A copy of the thirty day notice that was served must be attached to that affidavit. We are not allowed to assist in the preparation of the affidavit.
If your second request is all in order, and provided the lien holder has not filed a pending litigation order, we will then remove the builder’s lien. We will then send to you a new copy of your title.
It will be your job to complete the request. Unless you submit your request through eRegistration, you will need to fill out and file a Registration Details Application (RDA) form with your request. There is a cost to file this request. Please see the land titles fees schedule for up-to-date fees.