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ARTICLE · 11 MAY 2015

Proposed Amendment To Builders Lien Act Expected To Be Controversial

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On May 5th 2015, Members' Bill M 216 received first reading in the BC Legislative Assembly.

CanadaReal Estate and Construction
Aidan Cameron
Aidan Cameron
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On May 5th 2015, Members' Bill M 216 received first reading in the BC Legislative Assembly. The proposed Builders Lien Notice to Owners Act would amend the Builders Lien Act to impose two new preconditions on a party's right to file a claim of lien: (1) service of a detailed written notice on the land owner of the lien claimant's intention to file a claim of lien, and (2) proof that the owner has been served.

The explanatory note accompanying the Members' Bill suggests that the proposed amendment would introduce a standard of procedural fairness to the lien filing process, and address the fact that land owners may not be aware of a claim of lien on title for some time after a lien has been registered.

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