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Can I send notice of intent to neighbors?

One of our customers isnt paying for his fence because his neighbor says the fence is on his propert. I have filed a lien and was thinking of sending this email " We’ve had to file a lien on your property because of non payment. I’ve tried calling multiple times for payment and it’s obvious that you don’t want to settle this because your neighbor threatened to send you a letter. If I don’t hear something from you and since this is a shared fence we’ll look into sending your neighbors a letter of intent also." I know filing the lien on the neighbors is illegal but could i have legal problems by just sending this email as a scare tactic? If I send this email he might pay but I bet he'll write me a bad google review and that could cost me future sales.

1 reply

Feb 23, 2018

Whether or not legal problems may arise could be entirely up to the parties a claimant is dealing with. Generally, continuing to communicate after a lien filing is a good idea - resolving a dispute prior to litigation is the best outcome for everyone involved. Demand letters made after filing a lien but before a lien foreclosure are common, and zlien even provides a product for such a situation - a Certified Notice of Intent to Foreclose. Because it's not a required or filed document, sending such a notice is similar to a demand letter - it notifies a property owner that a lien claimant will proceed with a lien foreclosure if payment is not made. On the customer relations/ google review front, that's a tough balance. Weighing risk vs. reward will ultimately depend on each the situation and the circumstances surrounding claim. As far as sending a Notice of Intent to Lien to a party who's property is unable to be liened, it would be wise to tread carefully. On one hand, such a threat could certainly prove fruitful. On the other hand, this will assuredly upset a party who has not authorized work on their property and a second dispute could erupt. However, since a Notice of Intent to Lien is not a required or filed document in Kansas, the risks of committing Slander of Title would not seem to be present. Any improper recording would bring on significant risk, though. As the dispute progresses, it may be time to consult a local construction attorney - hiring an attorney will make the paths for moving forward more clear, and they will be able to advise you on different courses of action.

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