Vacating Liens

Question 1

What does vacating do?

Answer 1

When a lien has been registered to title, vacating allows the title to be cleared by the party seeking to vacate by paying security into the court

Question 2

Security posted with the court

Answer 2

Takes the place of land lined

Question 3

Once security posted in approved form

Answer 3

the court orders the registration of the claim for the lien and the certificate of action vacated from title

Question 4

Owners will typically require

Answer 4

that the general contractor will vacate the lien

Question 5

How does vacating the lien clear title?

Answer 5

lien attaches to the money instead of the land

Question 6

Amount of security necessary to vacate

Answer 6

Standard measure is the entire amount of the lien plus a stipulated amount as security for the lien claimants’ costs

Question 7

Priority implications

Answer 7

Vacating the lien does not alter priority

Question 8

Does vacating alter the character of the lien?

Answer 8

• Does not alter character (security merely takes place of the land)
• Does not give them extra rights