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 Utah, 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 a mechanic's lien, which contractors, subcontractors, or suppliers can file if they have not been paid for work performed or materials provided to improve real property. To enforce a mechanic's lien in Utah, the claimant must file a Notice of Lien with the county recorder's office in the county where the property is located, typically within 90 days of the last day of providing services or materials. Another type of lien is a homeowners' association (HOA) lien, which an HOA may place on a homeowner's property for unpaid dues or assessments. Under Utah law, an HOA must usually provide the homeowner with notice of the delinquency and an opportunity to pay before recording a lien. The process and requirements for enforcing liens can be complex, and specific procedures must be followed to ensure the lien is valid and enforceable. Failure to comply with statutory requirements can result in the lien being unenforceable. It is advisable for individuals dealing with liens to consult with an attorney to navigate the legal intricacies involved.