Acts and Regulations

M-22 - Municipalities Act

Full text
Dangerous or unsightly premises
190.06(1)The cost of carrying out work under subsection 190.04(1) or of taking measures under subsection 190.041(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 190.05 shall, notwithstanding subsection 72(2) of the Workers’ Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and a special lien under subsection 189(10).
190.06(2)The lien in subsection (1)
(a) attaches when the work under subsection 190.04(1) is begun or the measures under subsection 190.041(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and
(b) follows the real property to which it attaches into whosever hands the real property comes.
190.06(3)Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection (1)
(a) may pay the amount of the lien,
(b) may add the amount to the person’s mortgage, judgment or other security, and
(c) has the same rights and remedies for the amount as are contained in the person’s security.
2003, c.27, s.61; 2006, c.4, s.15
Dangerous or unsightly premises
190.06(1)The cost of carrying out work under section 190.04 and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 190.05 shall, notwithstanding subsection 72(2) of the Workers’ Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and a special lien under subsection 189(10).
190.06(2)The lien in subsection (1)
(a) attaches when the work under section 190.04 is begun and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and
(b) follows the real property to which it attaches into whosever hands the real property comes.
190.06(3)Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection (1)
(a) may pay the amount of the lien,
(b) may add the amount to the person’s mortgage, judgment or other security, and
(c) has the same rights and remedies for the amount as are contained in the person’s security.
2003, c.27, s.61