Who can file a Builders Lien?
Any person who does work in respect of an improvement or furnishes any material to be used in an improvement for an owner, contractor or subcontractor has a lien on the estate or interest of the owner of the land in respect of which the improvement is being made. The lien is created when the work is started or the first material is furnished but ceases to exist if it is not registered within the time period provided by the act. The time limit is within 45 days of when the work was completed or the materials were last furnished (or 90 days if in respect to an oil or gas well or well site). The lien must be for a minimum amount of $300. You must know the legal description of the property and complete a Statement of Lien form, which is available from the Land Titles office. The completed form along with the prescribed fees can be submitted to Land Titles for registration. A builders’ lien against untitled minerals can only be registered with the Minister of Resource Development.
