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Can a lien be placed upon a property for failure to pay for a water service provided. UTAH

Utah

Utah Non-profit, mutual water company-501C12. Whispering Pines Water Company provides culinary water to 132 properties - A shares. B share owners (131) get their water from a common spigot and transport water in portable tanks to their properties. To maintain the systems a fee is charged. Some do not pay. Lienable?

1 reply

Jan 30, 2019

That's an interesting question. While some type of lien or encumbrance might be available, mechanics lien rights arise when property is permanently improved (very typically, via construction work). Supplying properties some non-permanent, consumable improvement wouldn't seem to fall in line with the spirit of mechanics lien rights - which are made available for construction contractors, subcontractors, suppliers, and more in order to preserve their right to receive payment for the permanent improvement of the property. For more background on what measures might be most appropriate to recover payment, there are some other tools available online that might help - such as the "ask a lawyer" function at avvo.com. Avvo has attorneys available from all different practice areas and locations to answer questions on a broad spectrum of legal topics.

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