Menu
Home>Levelset Community>Legal Help>can I put a lien on his property

can I put a lien on his property

UtahCollectionsRight to Lien

i had a neigbor agree to pay for half of the fence . i paid for the fence at the time but now he won' t pay for his 1\2. It was a verbale agreement. what can I do ?

2 replies

Dec 4, 2020

Unless you (or your fencing contractor) filed a preliminary notice on the Utah State Construction Registry (commonly known as the SCR) for this project--which seems unlikely given your description of the facts--you have no lien rights. But you would still have a legal claim for breach of contract (even though you had a verbal agreement) and equitable claims, such as unjust enrichment, against your neighbor. You could pursue these claims in district court or small claims court if the amount of your claim is $11,000 or less. 

Before filing a lawsuit, I would suggest sending a warning letter. All the best to you in resolving this situation with your neighbor. 

0 people found this helpful
Helpful
Jan 7, 2021

Verbal contracts are enforceable in Utah. If the amount at issue is under 11,000, small claims court may be a good option. Under Utah law, you can only lien a property if you complied with all requirements including filing of a timely preliminary notice. You should discuss your situation with a Utah construction law attorney.

0 people found this helpful
Helpful