Home>Levelset Community>Legal Help>As a material supplier, if we verify property ownership via county records but there is a different property owner listed on the building permit, should we notice based on county records or permit? Also, is the permit information verified against county records? If not, which records should we be using to full protect ourselves from a legal standpoint?
As a material supplier, if we verify property ownership via county records but there is a different property owner listed on the building permit, should we notice based on county records or permit? Also, is the permit information verified against county records? If not, which records should we be using to full protect ourselves from a legal standpoint?
we would like to know which records would carry more weight in court
1 reply
Oct 6, 2017
The simplest answer is that to the extent there are two different potential property owners, and this is known prior to filing the lien claim, both parties could be listed on the document to ensure that there isn't a "wrong guess" as to which is the actual owner.
Notwithstanding the above, the requirements for a North Carolina mechanics lien are set out by statute (§ 44-A12. Filing Claim of Lien on Real Property). One of the requirements listed is including the:
"Name and address of the record owner of the real property claimed to be subject to the claim of lien on real property at the time the claim of lien on real property is filed."(emphasis added)
Accordingly, absent an actual title search, the best source would be the source most likely to provide the "record owner" of the property. The permit information is generally just as presented, and so while it could be the correct owner, it may also be a tenant, or some other interested party. Unless the property has very recently sold, the county records likely have the correct owner.