What Property Is Subject To The Lien?

The piece of land that was improved is subject to the lien. But the lien only extends to the interest in the land held by the person who authorized the work. So if a tenant orders work, in many cases only the tenant’s leasehold interest can be liened.

Under the statute, a common law agent can bind the owner. Consequently, in the example of the tenant, under certain circumstances it has been held that a tenant can expose the landlord’s interest in the property to a lien if the tenant was acting as a common law agent of the landlord in ordering the work or improvements. If the property is not subject to a lien, the court can order the improvement removed from the property.

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