Is a mechanics lien the appropriate mechanism for nonpayment of road assessments for maintenance and snowplowing of a private road used by more than 3 property owners?
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Nov 11, 2020
The answer is unclear. I can find no Maine cases directly on point. 10 M.R.S. § 3251, states, in relevant part: “Whoever performs labor or furnishes labor or materials . . . used in erecting, altering, moving or repairing a house, building or appurtenances, . . . by virtue of a contract with or by consent of the owner, has a lien thereon and on the land on which it stands and on any interest such owner has in the same, to secure payment thereof, with costs.” Is the maintenance and snowplowing of the private road “erecting, altering, moving or repairing” and is the road an “appurtenance” to “the land on which it stands”? Probably not.
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Nov 11, 2020
You would likely need to sue the property owners to recover what is owed in Small Claims Court. Here is more information on that process: https://www.courts.maine.gov/maine_courts/small_claims/index.shtml