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Can I list multiple properties on a Georgia Mechanic's Lien?

The project contract between the contractor and subcontractor covers two properties. The outstanding invoice covers work done on the two properties as well. The same Owner owns both properties. When making our lien filing in Georgia, can we list both properties on the lien or will we need a separate lien for each property? Thanks.

1 reply

Apr 6, 2020

By and large, if work is being done on 2 or more separate properties, then one single lien claim can't be filed against the separate properties. Levelset discusses the idea in detail here: Filing a Lien on a Project with Multiple Properties. Further, at no point does the GA mechanics lien statue refer to multiple properties or lots - and since it isn't specifically mentioned in the lien statute, it's safest to assume that it isn't allowed. So, if work was done at separate locations, generally, a lien should only be filed against a property to the extent work was done at that property. With that being said, if the lots are adjacent, form the same overall work of improvement, and the only real separation of the property is in the property record - that might be more acceptable. Still, separately filing is the best way to ensure that mechanics lien rights are secured against both properties. With that being said, I don't have practical experience with situations like this one in Georgia. And, it's possible that a Georgia attorney might feel differently - so reaching out to one of these Georgia construction attorneys might help to provide clarity there.

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