Can A Neighbor Put A Lien On My House? (Laws You Need To Know)

Can A Neighbor Put A Lien On My House - Who Can Put A Lien On A Property

Can a neighbor put a lien on my house?

In this article, you’ll learn about:

  • when a neighbor can put a lien on your house
  • types of liens and which ones your neighbor can put on your house
  • who can put a lien on your house

Let’s dig in.

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Can A Neighbor Put A Lien On My House?

No, a neighbor cannot put a lien on your house.

Most neighbors want to put a lien on your house if:

  • there is a property line dispute
  • there’s a fence over the neighbor’s property line

A neighbor cannot put a lien on your house for any of these reasons.

A neighbor can only put a lien on your house to gain back the money owed to them.

Let’s talk about the only way a neighbor can put a lien on your house.

How Can A Neighbor Put A Lien On My House?

The only way a neighbor can put a lien on your house is with a judgment lien.

A judgment lien can only get filed on your property if you lose a lawsuit.

Meaning that they sue you and you lose to them.

The judge will issue a judgment for the lawsuit.

Your neighbor can take that judgment to the county clerk’s office and file it.

They will allow your neighbor to put a lien on your house.

This is the only way that a neighbor can put a lien on your house.

If they go this route, they must first file a “Notice of Intent to Lien.”

This will get sent to you via certified mail.

It states your neighbor’s valid reason for placing a lien on your house.

And it gives you an opportunity to resolve the debt you owe them.

This will allow you to avoid having your neighbor put a lien on your house.

Your neighbor cannot put a lien on your house for things like:

Who Can Put A Lien On A Property?

The people who can put a lien on your property are:

  • direct contractors and subcontractors
  • material suppliers
  • equipment lessors
  • design professionals (architects and engineers)
  • laborers

These people have the right to place a lien on your property.

This is because they directly contributed to improving your real estate.

They are granted lien rights by working on or contributing materials to a construction project.

Your neighbor cannot place a lien on your property.

They are not making any improvements to your property.

Types Of Liens

Let’s look at the different types of liens you, as a property owner, can deal with.

And determine if a neighbor can put a lien on your house for different situations.

Mechanic’s Lien

Mechanic liens are for when you hire a contractor to do home improvement on your property.

It’s when someone performs work for homeowners and the homeowners don’t pay.

Your neighbor cannot put a mechanics lien on your house.

Property Lien

A property lien is when you are not paying your mortgage and you go through foreclosure.

Your lender will give you a notice of foreclosure to collect the money owed to them.

If you don’t pay your mortgage, you will lose your house to a property lien.

Your neighbor cannot place a property lien on your house.

Tax Lien

Tax liens get used when a homeowner does not pay their property taxes.

The IRS will place a tax lien on your house to get you to pay your property taxes.

Your neighbor cannot put a tax lien on your house.

Judgment Lien

Judgment liens can only get used if the party wins a judgment against you.

This is if another party files a lawsuit against you and wins.

These parties include creditors for things like:

  • medical bills
  • credit card debt
  • personal loans

To file a lien on your property, they have to have the final judgment from the lawsuit.

They will file this lien on your house at the county recorder’s office.

A neighbor can put a judgment lien on your house if they win a lawsuit against you.

Let’s say they sue you for encroachment and win.

If you don’t remedy the encroachment, your neighbor can file a judgment lien on your property.

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