Legal Question in Real Estate Law in California
Does a construction lien on property remain indefinitely i.e. years, or can it expire if not renewed periodically?
2 Answers from Attorneys
By "construction lien" I assume you mean a mechanics lien. Mechanics liens are subject to very strict and rather complex statutory rules about how and when they apply and how to preserve and enforce them. Basically, however, the lien holder must file a lawsuit to enforce the lien within 90 days after it is recorded. Otherwise the lien is invalid. If the time for recording a mechanics lien has not expired, however, the lien claimant can record a new lien. Once the time for recording a lien has expired and 90 days has passed since the lien was recorded, the lien is invalid and cannot be revived. It does, however, remain on record as a cloud on title. So there is a process where the property owner can demand that the expired lien be released, and if it is not, the owner has a statutory procedure that allows a court to remove the lien via an abreviated notice and hearing within 60 days.
When it is recorded, it remains there until a document is subsequently recorded that either states the lien is null and void, or is satisfied.