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Can a municipality (say, a town water/sewer provider) file a property lien for unpaid services?

ColoradoMechanics LienRight to Lien
Anonymous Contractor

Specifically, let's say a property owner has not paid their bill in over a year. Their services have been shut off, yet they still do not repay or respond to attempts to contact them. In such a case, could the municipality file a property lien, or are they not qualified? My understanding is if they cannot file a lien, the accumulated charges remain with the property. If it were ever sold, those charges would have to be settled before the property transfer could occur. Thank you for your time! Mark

1 reply

Levelset Admin at Levelset
| 1,003 reviews
Jan 15, 2020
A municipality, state agency, or other public body will never be entitled to file a mechanics lien, but they may well be able to place a lien on the property for unpaid services, utilities, or taxes. It's pretty common for public bodies to place liens on properties that have serious outstanding debts - though, the ability to do so will likely vary a lot from state to state. However, I'll be the first to admit I'm no expert on the topic. So, it might be helpful to reach out to a local Colorado real estate attorney for additional clarity on how unpaid services, utilities, or taxes might be recovered.
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