A lien (pronounced lean) is a legal right, claim, or interest in another person’s property that remains until a debt is paid or an obligation is fulfilled. For example, a lien may be placed on real property to secure a contractor’s claim for payment for work or materials provided to improve the property (a mechanic’s lien) or by a homeowners’ association to secure payment for unpaid dues or assessments against an individual homeowner.
There are many different types of liens related to real property and the laws regarding these liens may vary from state to state.
In North Carolina, a lien is a legal claim against property to secure payment for a debt or fulfillment of an obligation. One common type of lien is the mechanic's lien, which contractors, subcontractors, or suppliers can file against real property when they have not been paid for labor or materials used in improving the property. To enforce a mechanic's lien, the claimant must strictly follow the procedures set forth in the North Carolina General Statutes, specifically Chapter 44A. This includes serving a Notice of Claim of Lien upon Funds to the property owner and filing a Claim of Lien on Real Property with the Clerk of Superior Court in the county where the property is located within 120 days after the last furnishing of labor or materials. Homeowners' associations (HOAs) in North Carolina can also place liens on properties for unpaid dues or assessments under the North Carolina Planned Community Act or the Condominium Act, depending on the type of community. These liens are typically automatic but must be filed with the county recorder to be enforceable against third parties. The statutes governing these liens are found in Chapter 47C for condominiums and Chapter 47F for planned communities. It is important for property owners and claimants to understand their rights and obligations under North Carolina law regarding the creation, filing, and enforcement of liens.