Builders' liens are a useful tool for unpaid contractors and
subcontractors on a construction project. They provide a right to
make a claim and register an instrument against title to a parcel
of land, with the ultimate remedy being a sale of those lands in
default of payment of the lien. However, not all lands in Alberta
can be liened. The Builders' Lien Act
("BLA") carves out specific exemptions (i.e. public
highways).
But there are other types of lands not mentioned in the BLA
which, when coupled with other provincial and federal legislation,
may not be lienable. One such type of land is "municipal
reserve" or "municipal and school reserve" land.
Municipal Reserve Lands Cannot be Liened [for now]
