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How Do I Know If There Is a Lien on My House in Canada?

Updated

A lien on your property is a legal claim registered in the provincial land registry that must be resolved before the property can be sold or refinanced. Most homeowners discover liens at the worst possible moment — when a sale is already conditionally agreed upon or a refinance is in progress — because they never thought to check. A proactive title search costs $10–$20 and takes less than an hour; discovering a $30,000 construction lien three days before closing costs far more in legal fees, delays, and stress.

The most common liens Canadians encounter are mortgages (expected and benign), construction liens (from contractors who were not paid), CRA tax liens (registered without a court order), and judgment liens (from court proceedings). Each has different rules around how they are registered, how long they remain, and how they are discharged. Understanding the type of lien determines the path to resolution.

This guide covers how to search for liens in each province, what different instrument types mean when you see them in a title search result, and the specific steps to discharge each major lien type.


Types of Liens Registered Against Canadian Properties

Type of LienWho Registers ItTrigger
Mortgage / chargeYour lenderSecuring the home loan — every property with a mortgage has this
Construction / builder’s lienContractor, subcontractor, or supplierUnpaid work or materials
Judgment lien / writ of seizureAny court judgment creditorUnsatisfied civil court judgment
CRA tax lienCanada Revenue AgencyUnpaid income tax, GST/HST, or payroll taxes
Condo corporation lienCondo corporationUnpaid condo fees or special assessments
Municipal tax lienMunicipalityUnpaid property taxes or local improvement charges
Spousal / family law lienFamily law judgmentUnpaid support orders or property division
Certificate of pending litigation (CPL)Party to an active lawsuitActive legal claim involving the property

The mortgage on your home is technically a lien — it is the lender’s registered security interest. It is expected and causes no problem until you sell or refinance, at which point it is discharged as part of the transaction. The liens that cause problems are the unexpected ones: construction liens, CRA liens, and judgment liens that you may not know about until they surface in a title search.


How to Search for Liens by Province

Each province maintains its own land title or land registry system. Most are now searchable online for a small fee.

Ontario — Search through Teranet (teranet.ca). A parcel register search costs approximately $12–$16 and shows all registered instruments including mortgages, charges, liens, notices, and discharges. Teranet covers all Ontario properties registered under the Land Titles Act. Older properties on the Registry system require an in-person or lawyer-conducted search.

British Columbia — Search through the BC Land Title and Survey Authority (ltsa.ca) using the myLTSA portal. A title search costs approximately $10 and shows all charges, liens, encumbrances, and caveats registered against your parcel identifier (PID). BC uses a Torrens title system — registered interests on the title are conclusive.

Alberta — Search through Alberta Registries (servicealberta.ca or a private service provider). Title searches show all registered interests including encumbrances and caveats. Alberta’s land titles system is also Torrens-based.

Quebec — Search the Land Register (registrefoncier.gouv.qc.ca). Quebec uses the term “hypothec” for what other provinces call a mortgage or charge. All hypothecs, legal hypothecs (the Quebec equivalent of construction liens), and other published rights appear in the search results.

Other provinces — Each province has its own registry. Search the provincial government website for “land titles office” or “property registry” to locate the online search portal and fee schedule.


Reading a Title Search Result

A title search returns a list of registered instruments in chronological order. Common entries and what they mean:

Instrument TypeWhat It Means
Charge / mortgageExisting mortgage — expected if you have a home loan
Discharge of chargeA paid-off mortgage was removed — normal
Construction lienFiled by a contractor or supplier — requires immediate follow-up
Writ of seizure and saleA court judgment has been registered against you
Notice of lien (CRA)Federal tax debt registered by CRA — must be paid before sale or refinance
Certificate of pending litigationAn active lawsuit involves a claim against the property
CaveatSomeone asserts an interest in the property — investigate the basis
Power of sale noticeLender has initiated the power of sale (foreclosure equivalent) process

Any instrument other than your own mortgage and its anticipated discharge is worth investigating. Construction liens and CRA liens are the most common unexpected findings.


What to Do If You Find an Unexpected Lien

Step 1: Identify the creditor and the amount. The registration document names the creditor — CRA, a contractor, an individual judgment creditor — and often specifies the amount claimed. Pull the full instrument from the registry (usually available for an additional small fee) to see the complete details.

Step 2: Verify whether the lien is valid. Some liens are registered in error — the debt was already paid but the discharge was never filed, the contractor registered the wrong property, or the lien period has expired without the creditor perfecting it in court. A real estate lawyer can review the registration and advise on validity. An expired but still-registered construction lien, for example, can be discharged without paying the underlying claim.

Step 3: Dispute invalid liens. If the lien is invalid, ask the creditor to file a voluntary discharge. If they refuse, your lawyer can apply to court for an order discharging the lien. Courts will discharge improperly registered or expired liens. In some provinces, posting a lien bond allows the lien to be removed from title while the dispute proceeds.

Step 4: Pay or settle valid liens. If the lien represents a legitimate outstanding debt, negotiate a settlement amount with the creditor, obtain a signed release or discharge upon payment, and have your lawyer file the discharge at the land registry. The discharge must be registered before the property can be sold or refinanced.


Discharging a CRA Tax Lien

CRA liens are registered under the Income Tax Act or Excise Tax Act without a court order. To remove one:

  1. Confirm the full balance owing (including accumulated interest and penalties) by calling CRA at 1-888-863-8661 or logging into My Account at canada.ca
  2. Pay the full amount — CRA does not discharge a lien based on a payment plan; the lien stays registered until the balance reaches zero
  3. Request a certificate of discharge from CRA after payment — CRA typically issues it within 30 days of receiving full payment
  4. Have your real estate lawyer file the discharge certificate at the provincial land registry

If you cannot pay in full immediately, CRA may agree to a payment arrangement that defers enforcement action, but the lien remains on title until the entire debt is cleared. If a sale is pending, the CRA lien is typically paid out of the proceeds at closing through the statement of adjustments.


Preventing Liens Before They Happen

RiskPrevention Strategy
Construction liensRetain the mandatory 10% holdback for the statutory period before releasing final payment to a contractor
CRA tax liensFile all tax returns on time; check My Account regularly for any balance owing
Judgment liensRespond to all legal proceedings; do not ignore statement of claim documents
Municipal tax liensUse pre-authorized property tax payments so no payment is ever missed
Condo liensReview condo fee statements monthly; address arrears before they escalate

The construction lien holdback is the most commonly overlooked protection. Provincial construction lien acts require property owners to hold back 10% of contract value for a set period (45 days after substantial completion in Ontario) before releasing final payment. The holdback protects you if a general contractor pays themselves but fails to pay subcontractors — a subcontractor’s lien against your property can survive even if you paid the general contractor in full, unless you properly retained the holdback.


How Liens Affect Selling or Refinancing

Any lien on title other than the existing mortgage creates a problem for sale or refinance transactions. A buyer’s lender will not fund a purchase if a non-mortgage lien appears on title because the lien could rank ahead of their security. A refinancing lender will not advance funds for the same reason.

In practice, unexpected liens discovered at sale are usually resolved one of three ways: the lien is paid out of sale proceeds at closing (the most common outcome), the seller’s lawyer obtains an undertaking to discharge within a set number of days post-closing, or — where the lien is disputed — a holdback of funds is arranged while the dispute resolves. None of these outcomes is free or fast, which is why proactive title checks are worthwhile.