mechanics lien

3 weeks ago

a person needs containers to clean out a warehouse that is on the market he has no money to pay the container company I as an individual am willing to pay the bills till the property is sold do I as a sole person have lien rights? thank you

Senior Legal Associate Levelset

An individual person can be entitled to mechanics lien rights in New York – claims don’t have to be filed by businesses. Of course, in order for mechanics lien rights to arise, lienable work must have been performed.

Generally, mechanics lien rights will be available to those who perform work or provide equipment or materials that permanently improve the project property. This will often include equipment necessary for hauling away solid waste from a building or construction site.

New York mechanics lien rights

Looking to New York’s mechanics lien statute, specifically: Those who perform labor or furnish materials for the improvement of real property will be entitled to file a mechanics lien, when the work is authorized by the property owner or their agent. Further, the term “improvement” is defined to include “demolition, erection, alteration or repair” of the project property.

The definition continues to include “the reasonable rental value for the period of actual use of machinery, tools and equipment…in connection with the demolition, erection, alteration or repair of any real property…

So, where equipment has been provided which will facilitate the permanent improvement of the project property – like with a demolition, repair, remodel, etc. – then lien rights may well arise. Though, where equipment is merely provided as a means of storage and transportation, but the property remains unchanged, that situation would seem less likely to give rise to lien rights.

For further discussion on New York mechanics lien claims: New York Mechanics Lien Guide and FAQs.

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