Posted on: 08th Jun, 2010 10:01 pm
My mother has put my brother and i on the deed to her property as suvivorship. when you look it up on the auditors website it has all three of our names on the deed. My other brother is very upset and threatened to put a contractors lien on the property. He built one of the houses and a garage on the property and had a verbal agreement with our parent that he would live in one of the houses for 3 to 5 years rent free for building the house and garage. He has since moved out and says he is going to put a lien on it to keep it tied up so, can he do that after suvivorship papers have been signed and there was no written contract between him and our parents
Hi Shantha,
A contractor's lien is placed on the property by a contractor or a subcontractor who worked on your property, but was not paid by you after the work was complete. Your brother built the house and the garage, but no monetary transaction took place between him and your parents for this construction. Moreover, there was no written contract between them, so there is nothing to prove that your brother did build the house. He cannot also prove that your parents did agree to let him live in the house rent free for 3-5 years. Thus, I believe your brother does not have any legally valid ground to place a lien on the property. But is his name is on the deed to the property, he does have a legal right to stay in the home rent free.
A contractor's lien is placed on the property by a contractor or a subcontractor who worked on your property, but was not paid by you after the work was complete. Your brother built the house and the garage, but no monetary transaction took place between him and your parents for this construction. Moreover, there was no written contract between them, so there is nothing to prove that your brother did build the house. He cannot also prove that your parents did agree to let him live in the house rent free for 3-5 years. Thus, I believe your brother does not have any legally valid ground to place a lien on the property. But is his name is on the deed to the property, he does have a legal right to stay in the home rent free.