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Idaho Mechanics Lien

Idaho

I own a 16 acre parcel of land in Idaho as my sole and seperate property. My husband, against my wishes, signed a contract with a well driller and a well was drilled on the property. I only wanted a quote and was willing to pay for the permit fees and a refundable deposit. the lein filed was filed agianst me and my husband as the owners of the property but I am the sole owner. Can I get the lein removed without paying it? The guy charged 3 times the normal amount to drill the well and initially sent me a bill overcharging by $8500. Thanks, Jessie

1 reply

Mar 2, 2021

I'm sorry to hear about the issues you have experienced. While mechanics liens are powerful tools that get construction industry participants paid, they can be abused. Whether the lien filed was intentional, or a potential claimant just didn't meet the strict statutory requirements to claim a valid enforceable lien, property owners or other interested parties may have to take some steps to have an insufficient lien removed. There are several options that may be pursued when a lien is filed against your property. Three of the most common steps that may be taken are: 

  1. Immediately dispute the lien 
  • whether through statutorily provided preliminary means, demand to/against the party that filed the lien against you, or a full-blown lawsuit

2. Force the claimant to file a suit to enforce the lien in a shorter period of time (if available in your state)

3. Just wait it out 

It likely would be helpful to you to contact an Idaho construction attorney to accurately determine if the mechanics lien filed against you is invalid. Good luck!

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