The Release Of Lien On Real Property Form is a crucial document in Canadian construction and real estate law, used when a party who has previously registered a lien against a property wishes to remove that claim. This typically occurs when the underlying debt or obligation has been satisfied, or when a settlement has been reached between parties. The form must comply with specific provincial requirements, such as those outlined in the Construction Act (Ontario) or similar legislation in other provinces. It requires precise information about the original lien registration, property details, and parties involved. The document serves as official evidence that the lien holder no longer claims any interest in the property and authorizes the removal of the lien from public records.
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1. Title and Date: Form title 'Release of Lien' and date of execution
2. Lien Claimant Information: Full legal name and address of the party who filed the original lien
3. Property Owner Information: Full legal name and address of the property owner(s)
4. Property Description: Legal description of the property against which the lien was registered
5. Original Lien Details: Information about the original lien including registration number, date, and amount
6. Release Statement: Formal statement releasing and discharging the lien
7. Consideration: Statement of consideration received for releasing the lien
8. Authorization: Statement of authority to execute the release
9. Execution Block: Signature lines, witness requirements, and notary/commissioner section
1. Multiple Property Schedule Reference: Required when the lien release applies to multiple properties
2. Partial Release Statement: Used when only releasing the lien from certain properties or portions of the original lien amount
3. Corporate Resolution Reference: Required when the lien claimant is a corporation and needs to reference the corporate authority
4. Successor/Assignment Reference: Required when the current lien holder is different from the original lien claimant
5. Conditions of Release: Used when the release is conditional upon certain events or actions
1. Schedule A - Property Description: Detailed legal description of property/properties when too lengthy for main document
2. Schedule B - Multiple Properties: List of all properties affected by the lien release when there are multiple properties
3. Schedule C - Original Lien Documentation: Copies of original lien registration documents for reference
4. Schedule D - Corporate Resolution: Copy of corporate resolution authorizing the release (if applicable)
5. Affidavit of Execution: Sworn statement verifying the execution of the release, required in some jurisdictions
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