The Builders Lien Act and the Pipeline Problem

This project examined the “pipeline problem” that arises occasionally in connection with the Builders Lien Act. When pipelines are constructed across private land, the private landowner has no right to refuse a pipeline right-of-way across his or her land. If the pipeline contractor fails to pay the workers, subcontractors, or suppliers, those persons may end up filing a legal claim against property that can prevent it from being sold unless the lien is paid off. The effect of this can be the creation of an encumbrance on the title of the landowner that can severely limit the ability of the owner to deal with their property.

Keywords: builders liens, Builders Lien Act, business & non-profits, construction, resource law, oil and gas, pipeline problem, land, rights of landowner, housing, tenancy & neighbours

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