Are you able to place a lien on a property for stored contents from the said property in the state of Colorado?
1 reply
Jun 17, 2019
That's an interesting question. For one, a mechanics lien would not be available for the storage of property in Colorado. Mechanics lien rights generally arise due to construction work that improves real property but goes unpaid. So, amounts owed for work done on a property may be subject to mechanics liens, but work that isn't directly related to improving property - like storing an owner's property during the restoration or reconstruction of property - would typically not give rise to mechanics lien rights. And, filing a mechanics lien based on questionable grounds could even open the lien claimant up to liability.
If the storage of property was agreed to in a contract, potentially, other recovery options might be available - like threatening or filing a breach of contract action. Plus, if an amount is on the smaller side (i.e. under $7,500), small claims court might be an option, too.
Of course, some other type of lien (other than a mechanics lien) might be appropriate - particularly if payment was agreed to and owed for the storage of that property. However, that's a bit outside my expertise. For more information on potential liens or recovery options for storing an owner's property, these resources might be helpful: Avvo.com and JustAnswer.com. At both sites, lawyers and other professionals are available to answer questions on a number of different topics, beyond just construction and construction payment.