The Builders' Lien Act (the "BLA") in Saskatchewan is an invaluable enforcement tool for those providing materials or services to improvements on projects within the province. The provisions of the BLA prescribe specific remedies for suppliers, which enhance their enforcement and collection of unpaid invoices. These remedies, however, can have adverse impacts on the owners of liened lands. Luckily, the BLA provides some relief to these owners during the adjudication of a lien claim.
Removing a builders' lien can be a complex process, but it is an essential step for property owners who need to clear their titles. The BLA provides several mechanisms for discharging or withdrawing liens. These include, among other things:
- Payments into Court;
- Applications for removal of the lien;
- Failing to provide proper notices.
Due to the nuanced nature of builders' liens, it is important for property owners and contractors to be aware of their rights and obligations under the BLA. Understanding the options available to you for the removal of a lien is crucial for navigating the legal landscape and ensuring that all parties' rights and obligations are respected. Ultimately, the available remedies to have the lien removed from title will be factually specific. However, owners should know there are options at each step of the lien process should they be required to maintain a clear title. Contacting a legal professional who is familiar with The Builders Lien Act will ensure your rights and interests are protected.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
