A lien is a claim registered against your property’s title that has to be dealt with before the property can be sold or refinanced cleanly. Liens often come to light when a sale or refinance is already under way; checking your title earlier gives you time to deal with anything unexpected.
Common types of lien
| Type | Who registers it | Why |
|---|---|---|
| Mortgage (charge) | Your lender | Security for the home loan |
| Construction or builder’s lien | Contractor, subcontractor or supplier | Unpaid work or materials |
| Judgment (writ of seizure and sale) | A creditor with a court judgment | An unpaid judgment |
| CRA charge | Canada Revenue Agency | Unpaid taxes certified in the Federal Court |
| Certificate of pending litigation | A party to a lawsuit | A court claim involving the property |
Your mortgage is expected on title and is discharged when you sell or refinance. The others need attention.
How to check your title
Each province runs its own land registry, and you can search the title for a fee, or have a lawyer do it:
- Ontario: the land registry system, searchable through OnLand.
- British Columbia: the Land Title and Survey Authority, through myLTSA. LTSA lists the charges that can appear on a title, including mortgages, statutory rights of way, easements, covenants and builders liens.
- Other provinces: search your provincial government’s land titles or property registry, or ask a real estate lawyer.
Read every entry other than your own mortgage. Your lawyer can pull the full registered document to see who registered it and how much they claim.
Construction liens
A contractor, subcontractor or supplier who isn’t paid can register a lien against the property where they worked. In Ontario, under the Construction Act:
- an owner must hold back 10% of the value of the work as it’s supplied (s. 22)
- a lien generally expires at the end of a 60-day period after the contract is completed, abandoned or terminated, or after substantial performance is published (s. 31)
- a preserved lien expires unless it’s perfected within the following 90 days (s. 36)
The holdback protects you if your contractor doesn’t pay a subcontractor: in that case your personal liability to lien claimants doesn’t exceed the holdbacks you were required to keep (s. 23). If you paid the contractor in full without keeping the holdback, you can still owe it. Other provinces have similar laws with their own rules.
CRA charges
Under section 223 of the Income Tax Act, CRA can certify an unpaid amount in the Federal Court. The registered certificate “has the same effect … as if the certificate were a judgment”, and CRA can register it against your property to create a charge. To clear it, confirm the balance through CRA’s My Account or by contacting CRA, pay it or agree terms with CRA, and have your lawyer register the release.
Removing a lien
- Valid lien: pay or settle the debt, get a signed discharge or release, and have it registered at the land registry.
- Invalid or expired lien: ask the person who registered it to discharge it. If they refuse, a lawyer can apply to court to have it removed.
When a home is sold, a lien is often paid out of the sale proceeds at closing, which is one reason buyers’ lawyers search the title before closing.
Related pages
Sources
The figures and rules on this page come from these sources, last checked against them on September 25, 2026. How we check facts.
- Ontario e-Laws: Construction Act