Legal Question in Real Estate Law in California

Can anybody file a mechanic's lien by *falsely* claiming they have done consulting work on an undeveloped raw land?

Somebody, who has a grudge against my partner, has started the process of filing a mechanic's lien on a piece of raw land that my partner and I have in escrow to sell.

The guy falsely claims that his landscape company has provided consultation

to my partner on the land. There is no contract, written or oral, explicit

or implied.

What protection do my partner and I have against this frivolous act?

Thanking you in advance,


Asked on 7/20/15, 4:19 pm

1 Answer from Attorneys

You have a variety of protections but ultimately most of them come down to after the fact relief if a false mechanics lien is actually recorded. There may also be options for working around the issue with the title company. You say the person has "started the process of filing a lien," which really doesn't make much sense. Other than filling in the blanks and going down or mailing it to the county recorder there is no "process" to filing a mechanics lien. So either one has been recorded or one is threatened. In either case, however, I suggest you talk to knowledgeable construction counsel directly about this. Feel free to give me a call if you are in the Bay Area or Sacramento.

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Answered on 7/20/15, 5:26 pm


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