I am told that a Mechanics lien needs to be filed every year for it to remain valid. If a mechanics lien is not renewed every year, is it still enforceable? How long do these liens last
3 replies
Aug 21, 2020
That is not the case. Under Connecticut mechanics lien laws, once a claim has been filed, it is only valid for a period of one year from the date the claim was recorded. This is explicitly mentioned Conn. Gen. Stat. §49-39:" A mechanic's lien shall not continue in force for a longer period than one year after the lien has been perfected, unless the party claiming the lien commences and action to to foreclose..."
A foreclosure action is a lawsuit to enforce your lien rights before the claim expires. If that action hasn't been initiated before the one-year time period passes, the claim will no longer be enforceable. Liens cannot be extended in Connecticut.
Here are some other resources you may find helpful:
The lien was placed on the house in 2007 and now my parents are looking to hand the house over to the children but this lien is being talked about and who will pay the contractors who put the lien in place. If my parents wish to sign the ownership of the dwelling over to the children, is there anything that needs to be done in regards to this lien?
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Aug 25, 2020
Since the claim has expired, the lien is harmless. But, even though the claim is unenforceable, it will still be on public record when the property title is researched. In order to get the claim fully removed, the first step would be to send a letter by certified or registered mail with return receipt requested to the lien holder demanding the removal of the lien claim.
If the claim isn't released within 30 days of receipt, then you can petition the Superior Court for discharge of the claim under Conn. Gen. Stat. §49-51. If successful, the court may award attorney fees, court costs, and any actual damages sustained for the claimant's failure to release the claim. Once you receive the judgment, a copy should be filed with the town land records office where the lien was filed to get the claim released from the property title.