Legal Question in Real Estate Law in Utah
Notice of Interest
I did some developement work on a parcel of land owned outright by 3 individuals. My agreement with them was to be paid once the property is sold. I have put a Notice of Interest on the property in order to assure my payment at closing when they sale the property. Is this legal and do I have the right to hold up any sale or refinancing of the property.
2 Answers from Attorneys
Re: Notice of Interest
Utah has very specific processes which must be used to protect your rights of recovery under the Mechanic's Lien Law. Depending on the last date of work you still may be able to use the law, which gives you priority over other creditors. Your notice of interest will probably not protect you. You may call for a free consultation about your specific situation.
Re: Notice of Interest
Why didn't you file a mechanic's lien? It would have provided you the protection without issues. Then if they do not pay and you have to sue, you are entitled to attorneys fees. See a number of posts at http://utahconstruction.blogspot.com/
The statute authorizing notices of interests, provides that they are allowed by statute, or if there is something signed by the owner authorizing you to file a NOI. If you have something in writing that authorizes you to file it,great; otherwise it is probably invalid, except as you can argue it is the equivalent of a mechanic's lien (authorized by statute).
Hope you get paid and do not have to argue about it!
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