Home>Levelset Community>Legal Help>I have a project located at two address. The location is within a single NY buildings, that has a complete different address for two units, now being combined. Which address should I use to file a lien if needed; both together, or each separately?

I have a project located at two address. The location is within a single NY buildings, that has a complete different address for two units, now being combined. Which address should I use to file a lien if needed; both together, or each separately?

New YorkMechanics Lien

The project is the renovation of the 13th floor where two previously separate locations with two different address' are now being joined together making one unit with a single area. The job, and contract note two places, depending on what side of the building you are on. I am trying to determine which address, both separately or together should be used to file a lien in the future if needed.

1 reply

Aug 23, 2018

This is an interesting situation. Generally (with some exceptions) a separate lien is required for each separate property upon which labor or material is furnished. And, additionally, liens are filed and indexed by property description, so even in situations in which a single lien on multiple properties is expressly available, claimants after get push-back from the recorder's office. In New York, a lien claim requires the Block and Lot of the property against which the lien is claimed, and requires the identification of the property owner.

In a case in which there is one property owner and one contract for improvement (and potentially one property since a parcel or black and lot may have different addresses) there is potentially the possibility to file a single lien.

However, dividing/apportioning the work between the two different addresses and filing a separate claim on each is rarely a bad idea, if feasible. This can get around sticky situations that can arise if the property transfer hasn't yet gone through and there are multiple owners, or multiple parcels. If there is really a single property and work is merely divided into different addresses for ease of understanding the contract, it's likely that a sing;e lien would be acceptable.

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