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Are we liable for a Mechanic lien that never really was?

New HampshireBonding Off LienMechanics LienRight to Lien

I want to know if a Mechanic Lien could be placed on our newly purchased House. My wife and I just bought a house from her Parents, ( my In-laws). The negotiations for the purchase began at the end of last year, 2018. Upon Inspection of the house, it was realized that the Septic Tank was leaking. My Mother-in-law contacted the Service Company that had been emptying the Tank for her to see if it could have it replaced before we bought it. The Tank was not replaced. But we bought the house as is so that we could have the Tank replace it later. It just happened that when my Mother-in-law requested for the Tank to be replaced, the Service Company did not get back to her on it soon enough until we were in the middle of negotiating the Purchase, and the house was under Contract. After purchasing the house as is, my wife inquired from the same Service Company if they could replace the tank for us or not. The Company then told my wife that we would have to wait till the Spring of next year, 2020. We thought that would be too long to wait, since the Tank is said to have leaked more during the Winter when Snow fell, last year. When we related it to the Company that we would then have to find another Company that could replace the Tank for us sooner, the Company said that in that case, they would then charge us some $1500 for a Plan they had designed for the Tank's replacement before we bought the house from my in-laws. Meanwhile, we did not enter into any Contract with the Company, verbally or otherwise, prior to the Purchase or after. Neither did our Purchasing agreement mention of any lien transferable to us regarding this Service that never took place. So, my question is: Are we liable for the fee of preparing the Plan for the replacement Septic Tank that the Company never provided? I was thinking that had my wife not asked the same Company if they could replace the Tank or not, we would not have even known of the said Plan. We never received a copy of it, nor did we find anything about it during the House Purchasing process. My in-Laws claim they did not even know the Septic Company even had any such document prepared for them, since they also never got a copy or informed about it. Now, the Septic Company is saying that even if we let another Company replace the Tank for us, we would have to pay them for the Plan that we never know about or receive. When the Company told us we had to they could not replace the Tank till next year, we did not go any further to engage them to do the work. It appears to me that the Company simply is only trying to bully us into saving the job for them, for as long as they want, while we need the job done as soon as possible. We have no contract with them. What do you think? Thank you, Sincerely, George Berko.

1 reply

Aug 23, 2019
Mechanics liens are generally available for authorized work provided to improve real property. When work isn't authorized, and when work isn't actually performed, a valid and enforceable mechanics lien typically cannot be filed. While design professionals may be entitled to file a mechanics lien - the work must still be authorized in order for lien rights to arise. Note, though, that even in a situation where a filed lien would end up being invalid or unenforceable - a mechanics lien could actually be filed. Recorders offices typically have neither the authority nor the bandwidth to investigate each claim that's made. Though, if a lien is improperly filed, an owner can always challenge that filing. Here are some resources I think will be valuable: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now? (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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