Home>Levelset Community>Legal Help>How do I describe property on a lien waiver/claim that is not contained to a lot/building/or project site? For example, the property is buried plant in the public right of way or the utility easement and extends for several hundred to several thousand feet. State of Florida.

How do I describe property on a lien waiver/claim that is not contained to a lot/building/or project site? For example, the property is buried plant in the public right of way or the utility easement and extends for several hundred to several thousand feet. State of Florida.

Working for a utility contractor that builds internet infrastructure underground or aerially (attached to poles owned by third party) within the public right of way in the state of Florida. No current need to actively lien any property but provide lien waivers upon payment. Looking for proper, defensible property descriptions.

1 reply

Jul 24, 2018

That's a great question, and unfortunately, the answer might not be particularly definitive. First, it's worth mentioning that when a lien waiver is in play, the property description becomes less pivotal for a potential claimant. Since that claimant is submitting a lien waiver, they are indicating that they will not lien the property - so, unlike a lien claim, a claimant need not worry about having the exact, defensible property description in that situation. A description that clearly identifies where a property lies would likely be sufficient. Plus, a claimant can always ask the owner or GC for what description of the property they'd like on the waiver. If they'd like the description in a particular form, they can provide that form. It makes sense for a claimant to have a little more apprehension when filing their lien claim. Ultimately, though, the Florida lien statute does not provide much guidance on what constitutes a "description of property" (required for waivers), or a "A description of the real property sufficient for identification" (lien claims). Naturally, providing a legal property description would be the best and safest way to identify a property. But a "description of the real property sufficient for identification" could potentially mean any description that makes a reader know exactly where the property lies - such as potentially an address. If a project has a Notice of Commencement, the headaches clear up, though. A Florida Notice of Commencement requires that the property's legal property description or tax folio number be present - and either of those identifiers would likely be more than enough to provide a description of the property that is sufficient for identification.

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