On Monday, October 7, 2013 8:52:10 AM UTC-4, dadiOH wrote:
"DerbyDad03" wrote in message



Oren wrote:

On Sun, 6 Oct 2013 16:30:38 +0000 (UTC), DerbyDad03

wrote:



Still no action from the neighbor so I was able to

hire a contractor to move the fence.



Currently I'm out the $2500 cost of the attorney

and $1000 to have the fence moved but I have a lien

against the neighbors house so when he sells I'll

get my

money, plus interest.



How do you know the lien will be honored? I'm not

doubting you since I don't know how these things

work, so I'm simply asking.



You've only mentioned letters from a lawyer. What

other actions were taken that makes the lien

valid/enforceable or whatever legal term applies in

this situation?



"A mechanic's lien is a security interest in the title

to property for the benefit of those who have supplied

labor or materials that improve the property."



http://en.wikipedia.org/wiki/Mechanic%27s_lien



A mechanic's lien, the process, etc., will vary by

state law. So does the interest amount allowed.



I'd still like to know the details of the lien. The way I

read Ralph's post, he (Ralph) paid an attorney to write

letters and a contractor to move the fence.



Can Ralph initiate a "mechanic's lien" even if he did not

supply the labor or materials? Would the attorney fees be

covered under a mechanic's lien?



It doesn't have to be - probably isn't - a mechanic's lien. A lien is just

an encumbrance against the property for whatever reason and that encumbrance

is recorded. When the property is sold, any liens will be paid by the

escrow company.



Derby's point is that you can't just go place a lien on anyone's
property at will. That's why he's asking for the details. I'd like
to hear them too. I would think that in order to put that lien on
the neighbor's property he would have had to sue them in court and win.
Perhaps they did, via small claims, but it would be informative if we
knew more of the details. I doubt that a mechanic's lien would work.
The neighbor had no contractual relationship with those who moved
the fence, didn't hire them, etc. And Ralph is saying he'll get his
lawyer's fees as part of the lien. Possible the lawyer sued them and
they ignored it, he got a default judgement.