Identifying the land

Lien claimants should do a land title search and, if in doubt, get a copy of the survey plan from the land title office to confirm the correct piece of land has been identified. Just because another lien claimant on the same job filed against a particular piece of property, that does not mean they got it correct.
 
Filing a lien against the wrong land will certainly result in the Claim of Lien being invalid, and further the Lien Claimant may be liable if the owner of the land the lien was wrongly filed against suffers damages:
 
A person who files a claim of lien against an estate or interest in land to which the lien claimed does not attach is liable for costs and damages incurred by an owner of any estate or interest in the land as a result of the wrongful filing of the claim of lien.
(Builders Lien Act, s. 19).

 

 

 

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