Legal Question in Construction Law in California
Mechanic's Lien
I own a empty 5 acre land next to my neighbor's 7 acres which has a house. There is a gravel driveway about 100 ft long between his garage and the sidewalk. I have the easement right to use the first 30 ft. of the driveway to get into my property (I can also get into my property without using his driveway). Back in 1996, he pathed the driveway with asphalt for $14,000 and asked me to share the cost. Since he did not seek my agreement before the start of the project, and also the of the high cost. I refused to pay. I just found out that he recorded a mechanic's lien on my property in 1997, and sent me an attorney's letter last week (August 2004), threatening if I do not pay him $5000 within 24 hours, he will foreclose my property. He did that becasue he found out that my property is in escrow. As far as I know, he is not a licensed contractor and did not path the asphalt himself. He is a realtor and a mortgage consultant. Can he actually foreclose my property and stop the escrow?
Thank you for the help.
2 Answers from Attorneys
Re: Mechanic's Lien
I agree with Mr. Whipple and, in addition, this guy won't be able to foreclose on the lien. First, you have to foreclose within 90 days of the recording and, second, I seriously doubt that the lien was legitimate. There is an expedited procedure to get the bad lien off and you can get up to $2000 in attorney's fees if you're forced to go this route. Find an attorney who has done this procedure before and have him send a demand letter right back demanding that the lien be removed or you'll sue him and extract attorney's fees from him.
Re: Mechanic's Lien
I am not an expert on mechanics lien law, and I do not therefore comment on that aspect of your situation except to say I have a general impression that mechanics' liens must be enforced within a short time frame, if ever; otherwise, they expire. Check that out with a better authority, however.
The important point I want to make is that the neighbor's claim for contribution is no good. In California, the holder of an easement cannot be required to contribute to its improvement (although he must contribute to its maintenance, see Civil Code section 845).
The authority: McManus v. Sequoyah Land Associates (1966) 240 Cal.App.2d 348 at 355:
"it is apparent that in this state nonconsenting coowners of an easement in the nature of a right-of-way may be compelled to contribute to the keeping of the way in repair, but they may not, without their consent, be compelled to contribute to the cost of major improvements."
(Quoted from the above-cited case).
If your neighbor screws up your prospective sale, he is probably going to be liable to you for your damages. Tell him all this, and maybe he'll back off. If not, get a local lawyer to represent you before things get messier.
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