If a cell tower is built on a residential property, would we file paperwork as we would a residential lien? Or would it make more sense to file it as a commercial project?
1 reply
Feb 6, 2020
First, it's worth mentioning that the Mississippi mechanics lien deadline and form requirements don't really change based on whether a project is considered commercial or residential. So, at least for the lien filing itself, that designation might not matter all that much.
Of course, for parties hired by someone other than the property owner, notice requirements may change depending on whether the project is considered residential or commercial. And, notice isn't required on commercial jobs. So, if there's any doubt as to whether the project is residential or commercial, treating it as if it's residential is usually the safe option.
Usually, an improvement that's entirely non-residential itself will render a job being treated as "commercial." But, Mississippi's mechanics lien statute isn't quite that cut and dry. Under § 85-7-401(i), "residential property" is defined as "single-family and two-family, three-family, and four-family residential real estate." Notably, it doesn't limit residential property to work on the residence itself - rather, that's an encompassing term for real estate where there's a residential structure present.
Considering the stakes at hand, and considering the fact that it's a good idea to send notice even when it's not required, the safest way for Mississippi subcontractors, suppliers, and equipment rental companies to proceed is likely to send notice.
Additional Mississippi mechanics lien and notice resources