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In This Volume

  • 15 (1) Except as provided in section 18, a claim of lien is made by filing in the land title office a claim of lien in the prescribed form.
  • (2) An agent who represents more than one lien claimant may, with respect to a particular improvement, make a single claim of lien on behalf of all of the lien claimants represented, and the prescribed form may be altered accordingly for that purpose.
  • (3) The registrar must not allow a claim of lien to be filed unless satisfied that the land is adequately described.
  • (4) On the filing of the claim of lien in the land title office, the registrar must endorse a memorandum of the filing on the register of title to the land or against the estate or interest in the land described in the claim of lien.

1997-45-15, effective February 1, 1998 (B.C. Reg. 1/98).

REGULATIONS AND FORMS

Claim of Lien

Electronic Submissions

The director has approved the use of the electronic Claim of Builders Lien. The use of this form is compulsory. It is available in Web Filing using a myLTSA Enterprise account or it may be downloaded on the LTSA website at ltsa.ca.

Hardcopy Submissions

Hardcopy submissions are only accepted under the exemptions set out in E-filing Directions, or on an exception basis as permitted by the registrar in accordance with E-filing Directions (available at ltsa.ca under “Practice Info”, “E-filing User Guides and Publications” and reproduced at chapter 69 (Director’s Directions) in this Manual).

The form of claim of lien prescribed by B.C. Reg. 1/98 is Form 5.

Fees

Fees payable for the filing of a builders lien are set out at chapter 31 (Land Title Act—Fees) in this Manual. A fee is payable for each parcel affected or endorsed by the claim.

PRACTICE

Applications to File Claim of Lien after Regular Office Hours

In exceptional circumstances, the registrar may allow an applicant to file a hardcopy claim after regular office hours. Electronic claims may be submitted any time during the regular electronic hours, Monday to Saturday from 6:00 a.m. to 10:50 p.m. and Sundays 1:00 p.m. to 10:50 p.m. See the annotation for Re Land Registry Act, Re Continental Explosives Ltd., 1964 CanLII 809 (BC SC) under s. 16 of the Land Title Act in this Manual.

Guidelines for Registrar for Examining Claim of Lien

The following guidelines apply when the registrar examines a claim of lien:

  1. The registrar does not accept for registration a claim against an interest in land owned by the federal Crown or a federal Crown agency.
  2. The registrar does not determine whether a claimant has filed within the time limits under the Act.
  3. It is not the registrar’s duty to inquire into the merits of individual claims. However, registrars will reject a claim of lien in circumstances where the claim is obviously outside the statute. See Di Castri, Registration of Title to Land, vol. 1, paras. 96 and 97, and vol. 3, para. 901; and Collins, “The Mechanics’ Lien Act Proceedings in the Land Title Office” (1965) 30 Sask. Bar Review 295.

Claims Made by Partnerships

The registrar accepts a claim of lien filed on behalf of a partnership. The registrar endorses the register with the name of the partnership without calling for evidence as to the identity of the partners.

When completing a Form 5 on behalf of a partnership, it is sufficient for the person completing the form to describe themselves as the “agent of the lien claimant”. The lien claimant is in fact the partnership and the “firm name” must be entered in paragraph 1 of the form. This is consistent with the Partnership Act, R.S.B.C. 1996, c. 348, which stipulates that persons who have entered into a partnership are collectively known as a firm and carry on business under the name and style of the “firm name”.

The registrar does not inquire as to whether the individual completing the form is a partner or an agent of the firm. The claim is registered under the name of the lien claimant rather than under the name of the individual completing the form.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Address for Service

See s. 33(3) of the Act regarding the significance of the address for service provided in Form 5.

Application of Builders Lien Act to Provincial Crown

The Act is binding on the provincial Crown. See s. 14 of the Interpretation Act, which provides:

  • 14 (1) Unless it specifically provides otherwise, an enactment is binding on the government.
  • (2) Despite subsection (1), an enactment that would bind or affect the government in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government.

Application of Builders Lien Act to Provincial Crown Agencies

The Act is also binding on most provincial Crown agencies. Whether an agency is exempt from the application of the Builders Lien Act depends on the legislation establishing the agency. See, for example, s. 32 of the Hydro and Power Authority Act, which exempts British Columbia Hydro from statutes or statutory provisions of the Province. If the registrar has incorrectly placed a claim of builders lien on a title held by an exempt agency, the registrar removes it by correction and then gives notice to the lien claimant.