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Can I place a lien on a propertry of a relative for work done 8 yrs ago to their property upon selling of the property?

Charleston, SC |

In charleston South Carolina, what kind of rights do I have?

Attorney Answers 2

Posted

I am not sure what you are asking, however, you can only put a mechanics lien on real property if you file a lis pendens with the clerk of court within 90 days of the last work on the property. You then have to file suit within 180 days of the last work on the property. You may have had a contract with your relative. You would then have a 3 year statute of limitations. If you did the work 8 years ago and did not file suit within 3 years, you probably do not have any legal rights to pursue this claim. Of course, you have not given many details. If you think you still have a claim, you should seek the advice of an attorney as soon as possible.

The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.

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Asker

Posted

Ok what I am saying is. I invested about $20,000 into the cosmetics of my grandmothers property, in good faith of the agreement so I can ahve something to fall back on for my kids in the future. Not knowing she was going to dispute this when ever i came to her. I made with my grandmother, Long story but My grandmother and I had a deal for me to purchase the house back in 2004. I created a business to go forth with this pln because I ws going to invest the money returned at closing to seek other handiman deals. My grandmother's property, was handiman deal sale. I was fixing the property at the time due to the agreement we made for me to purchase. Brought someone to the table to help me get all documents need to go forward with the purchase under the business. At the time of this a family dispute broke out which had nothing to do with me in the process. She flew back to newyork and never returned only to leve the property unattended for months then puts tenants into the property that help her completet the finishing purchase of the property. Within the 7-8 yrs, I have had court issues that i had to take care of and was incarcerated for almost 2 yrs. Business created and deal in March 2004, arrested in June 2006, Released 2009 March, working and moved from the state of south carolina to florida. So I havent been prepared to go forward till now. I called the county of south carolina and found out the prperty was heading into auction due to unpaid taxes but I called her and the power of attorney holder over the property to save the property form this issue. The power of attorney holder is proof of this situation due to me and that holder was business partners... So until now is the only time i had to seek advice due to my own circumstances. Do I have a case ?

C Steven Moskos

C Steven Moskos

Posted

Probably not. First, you do not have a mechanics lien because you waited too long. See my post above. You do not have a valid contract with your grandmother. The statute of frauds states, "No action shall be brought whereby: (4) To charge any person upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them; Unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith or some person thereunto by him lawfully authorized." Since you did not get your grandmother to sign a contract, you can not enforce any agreement that you had with her.

Asker

Posted

O.K. I understand what you are saying. But the thruth of the matter is all this can from business. Creating a business proposal with her wit witnesses from bith parties there. I do not have all my documental records due to storage arrangements but I figured the lawyer who handle the atricle of corporation in creating a business tax i.d. and all under this property at the time of work and agreement we where going to do business. Can this help or mean anything ?

Asker

Posted

If she did sign something with my business partner at the time, her sister also my aunt can that be of use ? Even if not in my name personally ? Where as the business was created under me and the third party name ?

C Steven Moskos

C Steven Moskos

Posted

If you had a lawyer help you establish your business you need to contact him to see if he can help you. I do not know what documents you have or how they relate to your situation. You business lawyer may understand your situation better and he may be able to direct you better.

Asker

Posted

I am talking documents to give my aunt the rights to do work to the property while in the mist of creation of the business and the purchase of the property?

Posted

After 8 years, you have likely let your right to lapse. You should speak with SC licensed attorney and review if you have any recourse left open to you. For example if you have continued to perform work there maybe some opportunity, but ability to file a lien is a very short window of opportunity.

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