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 South 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 in South Carolina, the claimant must file a notice of the lien with the county clerk's office within 90 days of the last day of providing labor or materials. Another type of lien is the homeowners' association (HOA) lien, which can be placed on a homeowner's property for unpaid association dues or assessments. The process for enforcing an HOA lien in South Carolina involves providing notice to the homeowner and may eventually lead to foreclosure if the debt remains unpaid. The specific procedures and requirements for filing and enforcing liens are governed by South Carolina statutes, and it is important for lien claimants to follow these legal requirements carefully to preserve their rights.