Legal Question in Real Estate Law in California

Can a lean be filed on developers property for services not received

Is there a type of lean that can be filed on a developers property? We sold a strip of land to a developer for their road. Compensation was part cash and part landscaping services due to the new lot line. The lot line was recorded about a year ago, cash was paid at that time. Whats in writing is very general, they will landscape and fence the property no dollar amounts listed. Their aquisition man,no longer with the company, promised us much more than basic landscaping. We have drawings from their architect of how we want things. Now the developer is only willing to do very basic landscaping. The new homes will start closing escrow in the next couple of weeks.


Asked on 3/30/04, 4:30 pm

4 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Can a lean be filed on developers property for services not received

Where was your attorney at the time of disagreement? Oh yes you probably didn't have one because either you were too smart or to cheap. What you need is a good real estate attorney at this point in time. Yes it may cost use of money but otherwise you're not going to get what you were either promised was think you should have gotten. Get to a real estate specialist immediately. I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 3/31/04, 12:35 pm
Larry Rothman Larry Rothman & Associates

Re: Can a lean be filed on developers property for services not received

We would need to review your documentation. Unless you were a licensed contractor, you cannot file a lien prior to obtaining a judgment or pre-judgment attachment. You will need to file a lawsuit. Please contact our firm if you want consultation or review of your documentation. We handle cases throughout California 714 363 0220.

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Answered on 3/31/04, 6:09 pm
Scott Schomer Schomer Law Group

Re: Can a lean be filed on developers property for services not received

You want to see a litigation attorney as soon as possible. You may be able to file a lien, but I wouldn't hold out too much hope. You are allowed to file a prejudgment writ of attachment, but to do so your claim has to be clear, which it isn't in this case. Plus when you do it, you throw away your fraud claim, which may be the strongest part of your case. Review all of this stuff with a local attorney.

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Answered on 3/30/04, 4:43 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Can a lean be filed on developers property for services not received

You will need to file a lawsuit before you can file a lien.

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Answered on 3/30/04, 5:02 pm


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