Home>Levelset Community>Legal Help>I filed a prelim on a sublot division project that had one address during the finishing stage it has been split into 8 indivdual parcels. Are our lien rights in jepordy due to the new addresess?

I filed a prelim on a sublot division project that had one address during the finishing stage it has been split into 8 indivdual parcels. Are our lien rights in jepordy due to the new addresess?

CaliforniaPreliminary Notice

Sub lot division project prelim that was done for one address. Now the owner has divided the lots into individual parcels with individual addresses. This was done before we completed the project No Certificate of Occupancy has been received. Do we need to refile our prelim notice on all new parcels?

1 reply

May 1, 2019

That's a good question. First and foremost, if preliminary notice was sent as required, some later action with the property - such as subdividing the land into separate ownership - won't affect the validity of the notice originally sent. Further, California doesn't require that preliminary notices be revised or amended due to property changing hands. It's worth noting that, when there are multiple divided properties with multiple owners, generally, multiple lien claims are required. However, California is an exception to this general rule. In California, one lien can be filed against multiple properties when they have the same owner or reputed owner, or when the work provided to all properties was contracted for by the same person - regardless of whether they are owned by the same party. You can learn more about that idea in this article: You Can File A Single Mechanics Lien Against Multiple Properties in California Under Some Circumstances. For more background on CA's lien and notice rules, this resource should be valuable: California Lien & Notice Overview.

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