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Does removing a dead tree on a property entitle me to a mechanic's lane if I'm not paid

IndianaMechanics Lien

I am in Indiana and removed a dangerous dead tree from the property and I am not being paid. My lawyer does not think that tree work falls under the Indiana statute but I see case law like referenced in the article above that since I am making a permanent improvement to the property I should be entitled to the mechanic's lien. Thoughts?

1 reply

Sep 20, 2021

Did you grind the stump? The statute provides for earth moving operations, but landscaping so to speak, specifically cutting trees down, is not provided in the statute. One thing to consider, however, is the Indiana Home Improvement Contract Act and it spotential applicability to the improvement or alteration of a real property in IN. You could be exposed to counterclaims if the statute applies and your contract is not compliant. Give my office a call . 260-782-1712

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