Legal Question in Business Law in Massachusetts

leans

Are land surveyors/engineers allowed by law to place a lean on a developer's property, (ie proposed subdivision) if services are rendered under contract and developer refuses to pay?


Asked on 9/29/08, 9:27 am

3 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: leans

Further to the previous answer, "anyone" can file a lien on property s/he has improved, but only if you do so in a timely way and perfectly jump through the multi-stage hoops in the lien statute. Often a written contract is required in order to have lien rights, and there are very short time limitations within which the lien must be properly preserved and perfected or it dissolves for good.

Mechanics liens are very tricky, with lots of room for error resulting in the total loss of the lien. Even lawyers routinely fail to navigate the lien statute properly.

You should consult a lawyer experienced in lien perfection if you are serious about enforcing any (still remaining) lien rights. Feel free to contact me directly; I handle lots of mechanics lien issues.

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Answered on 9/29/08, 3:11 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: leans

Depends on their agreement, and they can do it through the court.

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Answered on 9/29/08, 4:06 pm

Re: leans

Anyone who provides services to builder or developer on a specific piece of property can file a mechanics lien on that property. So if a surveyor did a lot survey, he can lien the lot.

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Answered on 9/29/08, 10:34 am


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