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File a lien on a residential sub-division

How do I list the legal description for a project which has individual lots. I am preparing to file a lien against a residential development project for non payment of wages for an employee. The State of Colorado Department of labor said we could lien and file a claim with the state. My question is - do I list all of the individual lots he worked on or do I put a lien on the entire project?

1 reply

Aug 16, 2019

Under CRS § 38-22-103(1), it appears that one mechanics lien may be filed upon two or more lots or other subdivisions of land. It reads, in part: "The liens granted by this article shall extend to and cover so much of the lands whereon such building, structure, or improvement is made as may be necessary for the convenient use and occupation of such building, structure, or improvement, and the same shall be subject to such liens. In case any such building occupies two or more lots or other subdivisions of land, such several lots or other subdivisions shall be deemed one lot for the purposes of this article..." However, it's unclear exactly how that property should be identified on a lien claim. CRS § 38-22-109 sets out what information must be on a Colorado mechanics lien statement, but § 38-22-109(1)(c) merely calls for "A description of the property to be charged with the lien, sufficient to identify the same." Because the Colorado lien statute states that multiple lots may be liened, but because there's a little bit of vagueness as to how that should actually be undertaken on a lien form - best practice may be to play it safe. If one lien filed on multiple properties clearly identifies each property that is to be liened, such a lien should be effective and enforceable. Note, though, that if properties in a subdivision or development have actually been divided up and sold to separate owners - more than one lien claim may ultimately be required. Plus, the absolute safest way to handle lien claims that involve a number of properties is to file individual claims against each individual property. These articles discuss the topic in a little further detail: Multiple Buildings Multiple Liens? Or Just A Different Property Description? Filing a Lien on a Project with Multiple Properties For more background on Colorado mechanics lien claims: Colorado Mechanics Lien Guide and FAQs.

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