THE WHOLE FRONT YARD IS GONE, Mechanic's Lien or Attorney

THE WHOLE FRONT YARD IS GONE, Mechanic's Lien or Attorney

Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes

THE WHOLE FRONT YARD IS GONE, Mechanic's Lien or Attorney?

I bought a house in 92 (Lot A), short platted the property built a duplex (Lot B) and sold Lot C. Flipped and sold the house in 94, with conditions per the county plat, that the home must be hooked up to sewer before sold again, or if any part of the system failed. One leg of the homes drain field crossed over onto lot B so a temporary easement 10'x20' was drawn into the plat. Everything was stated on the title of all three lots.

Twenty years later, Lot A has finally hung a sign to sell the house, a corner lot with sewer in both streets. The smaller street off the front yard, just got a fresh new layer of pavement mandating a five year moratorium restricting cutting into the new asphalt. Leaving the busy road as the only choice for sewer hookup at a cost of $30,000.

The owner of Lot A hires a drain field designer for certification, per his Realtor, and learns that his current system has failed. He tells the designer he has an easement. $12,000. later his new drain field design, approved by the county laid on my land. 60 x 65, Five trenches, two tanks and all the piping that goes with is open and exposed waiting for final approval. When I received a call...

THE WHOLE FRONT YARD IS GONE, IT'S GONE, OMG, the whole thing is GONE! What? I was just there yesterday how could it be gone.... I drove over to see the destruction and it was absolutely gone! I hung a note on the bulldozer demanding keys to my new machine as it was trespassing! I dug all night in file cabinets for paperwork dated back to 1992 and found all the proof... Title report of the original sale; 'MUST hook up to sewer upon sale or failure', 'Temporary easement, MUST hookup to sewer upon sale or failure'. I found stacks of paperwork demanding the hookup no matter the cost. And also realize the system is 15' over an designated road way (30' wide with 12' paved mandated by the plat). The system is a foot from the pavement. Wrong land, wrong system, encroaching and if the old system failed, am I contaminated!

Long story short; The work was stopped, one tank crushed and they hooked up to sewer. Leaving me with five open trenches, piping and one more tank I want pulled out. Needless to say I also want the piping and chambers pulled out, then the yard restored to grass. The lowest bid so far is $10,600. ($2,600 to pull the tank). Not including contamination, I just thought of that today.

My old neighbor said, "YOUR YARD ISN'T WORTH $2,000 TO ME, but I would be happy to give you that when the house sells".

$2K is an insult as it was apparently worth $12k a few days ago! Now his house has an accepted offer with closing in a few days.... There has been no work done. I need to get a lien on his home before closing, in other words, ASAP! Mechanics liens are for work done or planned to be done and not paid. Not for work not even contracted yet, let alone not paid. And I would be contracting it as the neighbor won't and I don't want him on my land. Am I to file a lien on his land for damage and work on my land... when I'm an owner, not a contractor?

Mechanics lien doesn't feel like the correct route. Small claims court (district court) takes several weeks and is limited to $6k. Superior court takes even longer and is expensive via filing fees, serving, Attorney, etc. I need to stake my claim immediately, before they close a $160K cash deal in a couple days without me. I plan to call all the escrow offices until I find who is closing and let them know there is a 10k+ issue and hope they will postpone until they can get it all sorted out and by then I should have something filed.

Please, Please, Please.... any advice here would be greatly appreciated... Is there an 'I GOT SCREWED, EMERGENCY LIEN' ?

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Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
12y

Don't do anything until you speak an RE attorney. Don't call around to escrow companies and don't file anything on your own. The last thing you need is a counter suit from the owner. This is not a DIY situation in order to stop the sale. The owner will owe you even if the sale of the property closes. It's plain old property damage and a whole host of other valid civil complaints. IMO the "damages" add up to more than what you need to fix the yard, so you'll likely be able to settle. Your attorney will file a lis pendens asap and that should get the seller to wake up to the seriousness and the cost.

See this reply in the discussion

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  • Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes
    12y

    What a mess my paragraphs didn't hold....

    I'll resend so it's readable.

    UGH, Monday morning!

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    No, a mechanics lien doesn't seem valid, and you'll likely have issues filing a fraudulent lien.

    Attorney, now!

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    You need legal advise. Hire an attorney that has successfully sued the city/county TODAY. Tell them about the closing. It will cost you money but if you are successful you should get it back.

    You will have to sue the owner in civil court. That's the only option. You may also need to sue the city/county as well.

  • Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes
    12y

    @Bill S. and @Wayne Brooks ,

    Thanks for the quick read and advise! I will find/call attorney this morning. Should I still make effort to find the closing company to let them know what's coming?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    Yes, they may or may not be willing to hold back an escrow amount, but the seller would probably have to agree. I 'd also try to track down the buyers to let them know they "may" be stepping into a problem, if there is no withheld escrow to solve the issue.

  • Investor · Atlanta, GA · Member since 2013 · 212 posts · 107 votes
    12y

    First, a disclaimer: I AM NOT A WASHINGTON ATTORNEY AND AM NOT GIVING YOU LEGAL ADVICE.

    You need a lawyer. A mechanic's lien does not apply in this situation.

    If it were me, I would make sure the buyer was on actual notice of the title problem with a polite call to the agents on both sides advising them of the deed restrictions and the current problem, and asking how they intend to address it before closing. If the buyer doesn't know about the issue and the sale closes, your options narrow considerably. Stay strictly to the facts. You do not want to open yourself up to a claim by the seller that you tortiously interfered with his contract.

    I have no clue what WA law is, but, if the seller refuses to deal, then your best bet in GA would be to file a lawsuit for breach of the deed restriction, trespass, and any other theories your lawyer can come up with, combined with a lis pendens filed in the real estate records which will prevent the sale from closing. I imagine WA has a similar remedy.

  • Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
    12y

    Hire an attorney and file a lawsuit ASAP. If you have pending litigation against the seller related to that property it may cloud the title but that would be a question to ask your attorney. You can't just "file a lien" without going through the proper legal channels. Yes it will cost you money to file and hire an attorney but if you prevail those costs can be added to your judgement.

    A mechanic's lien wouldn't apply here, that would be if YOU hired a contractor and didn't pay that contractor then the contractor could obtain a lien against YOUR property.

  • Real Estate Investor · Tulsa, OK · Member since 2013 · 31 posts · 20 votes
    12y

    I don't know Washington law and I am not giving legal advice. However, you may be able to file a "Lis Pendens" notice in the land records that states the property is the subject of future litigation and you are going to file an action. Then send a copy of notice to the title company. It is really nothing more than a notice to the public (or buyer) that this property is the subject of litigation. It does not carry much legal weight. However, it gives the buyer and title company notice that there is a claim against the property and it does not cause problems like filing an improper lien.

    Good Luck

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    12y

    @Lisa Miller you need an attorney ASAP! They'll tell you what your best options are and how the process works.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    Absolutely, get an attorney asap.

    In the meantime, write an affidavit or memorandum, explaining the situation and get it notarized and rush record it at the courthouse to cloud the title.

    Make sure to handwrite : cross reference to address: ........... , as they might otherwise only file it in your name.

    I'm not an attorney and am not giving legal advice, but this is what I would do

  • Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes
    12y

    Thanks @Robert Leonard and @Michaela G.

    I'm currently on the Kitsap County bar association web page looking for Lawyers. As soon as Realtors start answering their phones I'll get referrals and hire an attorney this morning. Thank you

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    12y

    You need a real estate litigation attorney and not a GP attorney. The litigation attorney deals in issues like this all the time.

    Most things tend to get settled out of court once both sides hear from their attorneys what it will cost to bring it to court and litigate till the end.

    It seems this other property owner is selling and thinks they can close and then offer you a pittance for their mistake or their contractors.

    I like Michaela suggesting a stopgap.

    No legal advice.

  • Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    12y

    Don't do anything until you speak an RE attorney. Don't call around to escrow companies and don't file anything on your own. The last thing you need is a counter suit from the owner. This is not a DIY situation in order to stop the sale. The owner will owe you even if the sale of the property closes. It's plain old property damage and a whole host of other valid civil complaints. IMO the "damages" add up to more than what you need to fix the yard, so you'll likely be able to settle. Your attorney will file a lis pendens asap and that should get the seller to wake up to the seriousness and the cost.

  • Developer · Los Angeles, CA · Member since 2014 · 151 posts · 31 votes
    12y

    Research Quiet Title

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    12y

    QT is irrelevant to this situation, it's not a clouded title issue.

  • SFR Investor · Stillwater, OK · Member since 2014 · 168 posts · 37 votes
    12y

    Had an issue like this

    New septic and extended lateral lines put on my property left heck of a mess.

    place was up for sale.it was a business in a rural area

    I started with trasspass charges cops said its civil matter

    Then tried to demand they remove and repair or I sue.

    I got an attorney and just like K.Marie said lis pendens (suit pending)

    Wakes them up! Seems like buyers shy away .

  • Dawn AnastasiPro Member
    Rental Property Investor · Milwaukee, WI · Member since 2013 · 6k+ posts · 4k+ votes
    12y

    Please keep us updated.

  • Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes
    12y

    @Wayne Brooks

    The listing agent knows what's going on as he's the one that talked me into letting them on my property to disconnect the drain field allowing them to hookup to the sewer line, then ditched me and my calls to finish the work. He did show up for one bid before the disconnect and nothing since.

    People were in the pending sale house this evening, I didn't want to say anything without paperwork in hand as proof. My tenant said they were taking pictures of my land earlier in the day. Which leads me to believe my phone call to the title company may have addressed or at least questioned the situation. I told the title company there was an unresolved situation involving the neighboring land, my land and I needed their fax number for my attorney.

    I spent several hours calling every real estate attorney in my city. Some were no longer in the area, one is now a judge, most were completely booked this week, a couple phone numbers just rang and rang and it seems like the majority only work for the county. I could not get an appointment this week let alone talk to anyone with a degree of any type of law. Is this common? I couldn't believe it. Kind of tells me that there may be a lot of big RE issues in my area.

    I did write a memorandum, Stating (short and simple) the issue, listed what needs to be done, listed the attachments (title, plat, bids, etc), then the conclusion to resolve the situation, and finally listed all the people who will be getting a copy. I added everyone that could back up my claim. Including The county health dept., sewer co, designer, installer, realtor, title, purchasers, seller, etc. Tomorrow morning I'll get it notarized and recorded requesting file cross referencing to the neighbors address.

    Bummed I didn't get an attorney today but I did get something done. After the memo is recorded I will fax it to the title company hopefully with an attorney in tow. I'll keep you updated with what I discover and learn. Thanks for all your comments, I thought mechanics lien was wrong and you all resoundly confirmed it, with other great advice... without giving legal advice :) Lisa

  • Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes
    12y

    Thanks , , @Joel Owens

    People were in the pending sale house this evening, I didn't want to say anything without paperwork in hand as proof so I kept driving by. My tenant said they were taking pictures of my land earlier in the day. Which leads me to believe my phone call to the title company may have at least questioned the situation. I told the title company there was an unresolved situation involving the neighboring land, my land and I needed their fax number for my attorney. That was it. Maybe they were taking pics for ugliest yard.

    I spent several hours calling every real estate attorney in my city. Some were no longer in the area, one is now a judge, most were completely booked this week, a couple phone numbers just rang and rang and it seems like the majority only work for the county. I could not get an appointment this week let alone talk to anyone with a degree of any type of law. Is this common? I couldn't believe it. Kind of tells me that there may be a lot of big RE issues in my area.

    I did write a memorandum, Stating (short and simple) the issue, listed what needs to be done, listed the attachments (title, plat, bids, etc), then the conclusion, how to resolve the situation, and finally listed all the people who will be getting a copy. I added everyone that could back up my claim. Including The county health dept., sewer co, designer, installer, realtor, title, purchasers, seller, etc. Tomorrow morning I'll get it reviewed by an attorney, notarized and recorded requesting the file be cross referenced to the neighbors address.

    Bummed I didn't get an attorney today but I did get the memo done, it took a while compiling everything, and now I will be able to present it to who ever I hire. I'll keep you updated with what I discover and learn. Thanks for all your comments.

    @K. Marie Poe, I wished I read your post before 11pm, you are correct it is just plain old property damage and a whole host of other valid civil complaints. I will get an attorney before I record and do that only if the attorney deems it ok to do so. Thanks everyone

  • Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
    12y

    You can do a Lis Pendens but they can bond around it or get a court to remove the Lis Pendens and sue you.

    Joe Gore

  • Investor · Atlanta, GA · Member since 2013 · 212 posts · 107 votes
    12y

    Be careful about filing documents in the real estate records without a pending lawsuit. You open yourself up to a slander of title claim. This goes back to that "get an attorney" advice.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    12y

    Has anyone suggested getting an attorney and not to DIY this matter? :)

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    12y

    I think the "get an attorney" advice is pretty clear. In the meantime, how about putting up a temporary construction fence along the property line and posting "no trespassing" signs. And then watching the place and calling the police if they knock down the signs and trespass.

  • Investor · Port Orchard, WA · Member since 2014 · 41 posts · 23 votes
    12y

    @Account Closed

    I'm getting an attorney before anything else. Writing the memo helped me get organized and gather all the paperwork with names involved. I will turn all that over to the attorney and NOT record the memo myself. Since yesterday mornings post, you all made it very clear to hire an attorney and I have been on that goal since.

    The trespass signs are up with an existing 6' tall chain link fence between the two properties. I'll work on getting my orange construction fencing up around the other three sides.

  • Investor · Peachtree Corners, GA · Member since 2014 · 1k+ posts · 1k+ votes
    12y
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