Treadstone Associates
Ask an Expert · 4 min read

Notice of lien or registration: what is the difference?

Registration puts your claim on title, publicly and dated. Notice does something structurally different, and it only exists because title registration isn't always available.

Treadstone Associates · Updated 2026

Short answer

Registering a lien means filing a document against the property’s title at a land or property registry, which converts an unpaid invoice into a secured, dated, public claim against the building itself. Giving notice is a different mechanic entirely, used precisely where registering against title isn’t available — on Crown land in Ontario, for example — and it redirects the security to money the payer holds instead of to the property.

Registration is the default, and it isn’t one process

BC’s Builders Lien Act is the clearest public example of what registration actually involves: a claim “must not be filed if the amount… is less than $200”, filed no later than 45 days after of a completion certificate or the improvement being finished or abandoned, and once filed it “takes effect from the time work began or the time the first material was supplied” — meaning it can outrank a mortgage advanced afterward. Alberta’s version runs through a different form entirely: a statement of lien in the prescribed form, filed with the Land Titles Registrar under s.34(1). Quebec runs the same underlying idea under a different name again — workers have up to 30 days after the work is finished to publish a legal hypothec on the property, giving construction workers a security interest without ever calling it a “lien.” Three provinces, three procedures, and none of the windows or forms transfer between them.

Notice is the exception, not a lighter version of the same thing

Ontario’s Crown-land carve-out is the working example: you do not register against title on Crown land — you give written notice, and the lien attaches to the holdback instead, so “notice” isn’t a simplified registration, it’s an entirely different target. See what happens if your project is Crown-owned for the practical playbook of when and how that notice actually gets used.

Why the distinction actually matters

A registered lien is enforceable against anyone who checks title later — a buyer, a new lender, anyone doing due diligence on the property will see it. A notice never touches title at all, so its only value is whatever money is actually sitting in the fund it attaches to. That has a real practical consequence: due diligence on a Crown or public project has to substitute for the title search you can’t do — confirming the holdback is genuinely being retained, since there is no registry entry standing in for that confirmation. See how a statutory holdback works for what that retention obligation actually requires of the payer.

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