How do I file a lien for a property located in 2 counties?

3 weeks ago

If a property is located in two counties based off of the lease, do you need to record the lien in one or both counties?

Senior Legal Associate Levelset

The Massachusetts mechanics lien statute doesn’t provide any guidance on how to file a mechanics lien against a property which lies on two separate counties. Rather, it simply requires that the lien be filed in the county where the property lies. So, unfortunately there’s no clear cut, black-and-white rule in how to proceed with a Massachusetts mechanics lien spanning multiple counties.

However, because a Massachusetts lien must be filed in the county where the property lies, a logical conclusion might be that the lien claim would need to be filed in both counties in order to be effective against land that lies in both counties.

Levelset discusses that idea in a little more detail here: File Two Mechanic Liens When Property Spans Two Counties.

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Founding Partner Goldman Law Group

I would absolutely record in both counties.  It would be an error not to.  Please feel free to call me to discuss.

 

Sincerely,


 Andrea

Goldman Law Group
60 Austin Street, Suite 210                                                
Newton, MA 02460                                                                

 T: 617-953-3760

 F: 617-321-4191  

agoldman@goldmanlg.com

http://www.GoldmanLG.com

“Massachusetts Builders Blog” http://www.buildingconfidence-llc.blogspot.com

“Home Contractor vs. Homeowner Blog”  http://www.andreagoldmanlaw.blogspot.com

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