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In This Volume

  • 31 (1) In an action to enforce a claim of lien, the court may declare that the lien claimant is entitled to a lien for the amount found to be due.
  • (2) If the owner has not been discharged under section 23(2) of all liability for claims of lien, the court may order the sale of the land or the improvement, or the material supplied or the interest of the owner in any of them.
  • (3) If an estate or interest sold in proceedings under this Act is a leasehold interest, the purchaser at the sale is conclusively deemed to be an assignee of the lease.
  • (4) For the purpose of effecting a sale of the land, the court may order that any or all claims of lien filed in connection with the improvement be removed from the title subject to conditions that it considers appropriate.
  • (5) The proceeds of the sale under this section must be paid into court and must be allocated in accordance with section 36.
  • (6) No order for the sale of an interest in land owned by the Crown or a municipality may be made, but the court may give judgment for an amount equal to the maximum liability under this Act, as owner against either of them, and any money realized on the judgment must be dealt with as if it were the proceeds of a sale of the interest in land.

1997-45-31, effective February 1, 1998 (B.C. Reg. 1/98).


Registration of Lien Determined by Court to Exist

Where a court decides that there is a lien, it makes an order to that effect. The court may also order that land be sold. On accepting an application to register a lien, the registrar endorses the builders lien on the indefeasible title. Note that a builders lien is different from a claim of builders lien. The latter is a claim arising from statute; the former is the result of a court order declaring that the lien exists.


On the Form 17 Charge, Notation or Filing, select Nature of Interest, Builders Lien (by Court Order), and attach an image of the court certified copy of the court order containing the judgment declaring that the lien exists and the legal description of the property.