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Release Of Lien And Affidavit Template for Canada

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Key Requirements PROMPT example:

Release Of Lien And Affidavit

"I need a Release of Lien and Affidavit for a residential construction project in Ontario where my company has received full payment of $125,000 on January 15, 2025, and we want to discharge our lien registered against 123 Maple Street, Toronto."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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