Dealing with builder’s liens on certificate of title

Landowners have expressed concern to the Farmers’ Advocate Office (FAO) regarding the registration of builder’s liens against their Certificate of Title by sub-contractors for oil and gas companies. General rule of thumb is that builder’s liens for oil and gas development should only be registered against a leasehold interest and not the freehold interest of the landowner.

Builder’s Lien Act (BLA) and Leasehold Interests Sec 4 of Builder’s Lien Act (BLA) permits any person who has provided work or materials for an improvement to land to place a lien against the estate or interest of the owner in the land;

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