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Release of Lien
I need a Release of Lien document to formally acknowledge the full payment and satisfaction of a debt secured by a lien on my property, ensuring that the lienholder relinquishes any legal claim to the property. The document should be compliant with Canadian laws and include details of the original lien, payment confirmation, and the lienholder's signature.
What is a Release of Lien?
A Release of Lien is a legal document that removes a claim against property once a debt has been paid. When contractors or suppliers place a construction lien on a property in Canada, this release formally clears that claim, letting the property owner sell or refinance without the burden of the lien.
Under provincial construction lien acts, like Ontario's Construction Act, this release protects both parties: contractors get confirmation of payment, and property owners regain clear title to their property. Banks and title companies often require these releases before approving new mortgages or property transfers. Most Canadian provinces have standard forms for lien releases to keep the process straightforward.
When should you use a Release of Lien?
Get a Release of Lien when you've paid a contractor or supplier in full and need to clear their claim against your property. This commonly happens after completing home renovations, construction projects, or major repairs where contractors filed liens to protect their right to payment.
Timing matters - in most Canadian provinces, you need this release before selling your property, refinancing your mortgage, or closing construction financing. Many title insurance companies and lenders require it to proceed with transactions. For commercial properties especially, having releases properly filed helps maintain clean title records and prevents future complications during property deals.
What are the different types of Release of Lien?
- Unconditional Waiver And Release On Final Payment: Immediately releases lien rights once signed, typically used after payment has been received and cleared
- Conditional Lien Release: Only becomes effective after specific conditions are met, usually payment clearing the bank
- Conditional Waiver And Release On Progress Payment: Releases liens for specific progress payments while maintaining rights for future work
- Conditional Waiver And Release On Final Payment: Releases all lien rights once final payment clears, used at project completion
Who should typically use a Release of Lien?
- Property Owners: Need to obtain and file the Release of Lien to clear their property title after construction work is completed and paid for
- General Contractors: Sign and provide releases when they receive payment, often managing releases from their subcontractors
- Subcontractors and Suppliers: Execute releases to confirm payment and remove their claims against the property
- Real Estate Lawyers: Review and process lien releases during property transactions, ensuring proper documentation
- Title Insurance Companies: Require properly executed releases before issuing title insurance policies
- Lenders: Request lien releases before approving construction loans or mortgage refinancing
How do you write a Release of Lien?
- Project Details: Gather accurate property address, construction project description, and completion date
- Payment Information: Document the exact amount paid, payment date, and method of payment
- Party Information: Collect legal names and addresses of all involved parties - property owner, contractor, and any subcontractors
- Lien Registration: Locate the original lien registration number and filing date from your local land registry office
- Provincial Requirements: Check your province's specific release form requirements - our platform automatically includes these
- Signing Authority: Confirm who has legal authority to sign the release for each party involved
What should be included in a Release of Lien?
- Property Description: Legal address and description of the property where work was performed
- Lien Details: Original lien registration number, date filed, and amount claimed
- Payment Confirmation: Specific amount received, payment date, and acknowledgment of full satisfaction
- Release Statement: Clear declaration releasing all claims and rights against the property
- Party Information: Legal names, addresses, and roles of all involved parties
- Signature Block: Dated signatures of authorized representatives, with witness requirements per province
- Governing Law: Reference to applicable provincial construction lien legislation
What's the difference between a Release of Lien and a Lien Waiver?
A Release of Lien differs significantly from a Lien Waiver in both timing and legal effect. While they're often confused, understanding their distinct purposes helps choose the right document for your situation.
- Timing of Use: A Release of Lien removes an existing lien after payment, while a Lien Waiver prevents a future lien from being filed, often signed before payment
- Legal Effect: A Release terminates a recorded claim against property, whereas a Waiver surrenders the future right to file a lien
- Documentation Required: Releases need reference to the original lien registration, while Waivers don't require prior documentation
- Registration Process: Releases must be formally registered with land titles offices, but Waivers typically don't require registration
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