The Release of Lien and Affidavit is a crucial document in Canadian construction and real estate transactions, used when a party who has previously registered a construction lien against a property wishes to formally release their claim. This document becomes necessary after the lien claimant has received payment or reached a settlement regarding their claim. The Release of Lien and Affidavit must comply with provincial construction lien legislation and contains specific details about the original lien registration, property description, and confirmation of payment. It combines both the release of rights and a sworn statement, making it acceptable for registration in land registry offices. This document is particularly important for clearing title to property and facilitating property transactions or financing after construction work has been completed and paid for.
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1. Title and Date: Clearly identifies the document as a Release of Lien and Affidavit with the execution date
2. Identification of Parties: Full legal names and addresses of the Lien Claimant and Property Owner
3. Property Description: Legal description of the property against which the lien was registered
4. Lien Details: Information about the original lien including registration date, registration number, and amount
5. Consideration Statement: Statement of the payment or consideration received for releasing the lien
6. Release Statement: Formal statement releasing and discharging the lien and the property from the claim
7. Affidavit Content: Sworn statement confirming the truth of the release and related facts
8. Execution: Signature block for the lien claimant and notary/commissioner of oaths
1. Additional Releases: Optional section releasing other related claims or rights, used when there are additional claims beyond the main lien
2. Partial Release Statement: Used when only releasing a portion of the lien amount or property
3. Contractor Certification: Additional certification regarding payment to subcontractors, used when the lien claimant is a general contractor
4. Corporate Authorization: Required when the lien claimant is a corporation, confirming the signing authority
1. Schedule A - Property Description: Detailed legal description of the property if too lengthy for main document
2. Schedule B - Original Lien Documentation: Copy of the original lien registration or claim
3. Schedule C - Corporate Resolution: If applicable, corporate resolution authorizing the release
4. Schedule D - Payment Details: If complex payment arrangements exist, details of payments received or to be received
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Commercial Property
Industrial Construction
Residential Development
Infrastructure Development
Mining
Oil and Gas
Manufacturing
Property Management
Relevant Teams
Legal
Construction Management
Property Management
Contract Administration
Finance
Risk Management
Compliance
Real Estate Operations
Project Management
Corporate Administration
Relevant Roles
Construction Project Manager
Legal Counsel
Property Manager
Contract Administrator
Claims Manager
Real Estate Developer
Construction Supervisor
Chief Financial Officer
Legal Administrator
Risk Manager
Construction Lien Coordinator
Real Estate Manager
Corporate Secretary
Compliance Officer
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