we have a customer that is a recycling business and rented equipment to use at one of their landfills. can this property be liened to protect payment for the rented equipment?
1 reply
Mar 30, 2018
Whether or not property can be liened will typically come down to whether the underlying property is public or private. If the landfill is owned by a private company, the property may very well be subject to lien. If the use of the property is a little more complicated - like the private use of public property or a long term leasehold situation- a mechanics lien may still be effective for recovering payment, but the lienability of that property would be less certain and may require further investigation. Even where the underlying property might not be lienable, though, the threat of a mechanics lien will often be effective in spurring payment - so sending a Notice of Intent to Lien or some other similar threat could still be effective.