How do I get a lien removed from my property in Ontario?

In Ontario, removing a construction lien from your property requires either payment, legal action, or proving the lien is invalid - and you have specific timeframes to act under the Construction Act.

Understanding Your Lien Situation in Ottawa

When a contractor, subcontractor, or supplier places a lien on your Ottawa property, they're claiming you owe money for work or materials. The lien gets registered against your property title at the Ottawa Land Registry Office, preventing you from selling or refinancing until resolved.

Steps to Remove a Construction Lien

First, verify the lien details by getting a current property title search through ServiceOntario or a lawyer. This shows exactly who filed the lien, for how much, and when it was registered.

If the lien is valid and you owe the money, the simplest removal method is payment. Once paid, the lien holder must provide a discharge document that gets registered to clear your title. In Ottawa, this registration typically costs around $75 plus legal fees if you use a lawyer.

If you dispute the lien's validity, you have 45 days from when the lien was registered to apply to court to have it removed. Common grounds for challenging a lien include:

• Work wasn't performed or materials weren't supplied


• Amount claimed is excessive


• Lien wasn't filed within proper timeframes (45 days after work completion)


• Proper lien procedures weren't followed

Payment Into Court Option

Ontario's Construction Act allows you to pay the disputed amount into court, which removes the lien from your property title while the dispute gets resolved. This is particularly useful if you're trying to sell your Ottawa home or need to refinance. Contact Ottawa's Superior Court of Justice (161 Elgin Street) at 613-239-1331 for specific procedures.

Critical Timing in Ontario

The lien holder has 90 days from registering the lien to either start legal action or the lien expires automatically. However, don't assume an expired lien disappears from your title - you may need to take steps to have it formally discharged.

You should act quickly because construction liens take priority over most other claims against your property, including some mortgages.

What to Watch For

Be cautious of contractors who threaten liens without proper grounds - this can be a pressure tactic. Under Ontario's Consumer Protection Act, you have rights when dealing with home improvement contracts. Legitimate liens require specific procedures and documentation.

Also watch for "lien scams" where someone falsely claims lien rights. Always verify the claimant actually provided work or materials to your property.

Getting Professional Help

For liens over $5,000 or complex disputes, consult a construction lawyer familiar with Ontario's Construction Act. The Law Society of Ontario (lso.ca) provides lawyer referral services.

For smaller amounts, consider mediation through the Ottawa courthouse's dispute resolution services before pursuing expensive litigation.

Official Resources

• Land Registry Office searches: ontario.ca/serviceontario
• Construction Act information: ontario.ca/laws/statute/90c30
• Ottawa Superior Court: 613-239-1331
• Law Society of Ontario: lso.ca

Remember, construction liens are serious legal matters affecting your property ownership. When in doubt, get professional legal advice to protect your Ottawa home and financial interests.