Neighbors fence on my property.
On Monday, October 7, 2013 10:37:59 AM UTC-4, Oren wrote:
On Mon, 7 Oct 2013 02:00:37 +0000 (UTC), DerbyDad03
wrote:
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?
One has to look at the specific law in the state. In NV, you have to
be licensed to perform the work - BUT - there can be exceptions if the
work does not require a license.
Here, attorney fees can be included by an order from the court.
I agree with you. I'd like to hear more details on how this lien
came to be. I doubt a mechanics lien would be allowed. The neighbor
didn't have a contract with or hire the guy who moved the fence.
I would think for Ralph to get a lien, he would have had to sue the
neighbor and win. Maybe he did that and the neighbor didn't even
show up?
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