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 Delaware, a lien is a legal claim against property that ensures payment of a debt or fulfillment of an obligation. One common type of lien is a mechanic's lien, which contractors can file against real property when they have not been paid for labor or materials used in improving that property. To enforce a mechanic's lien in Delaware, the contractor must file a claim with the county Prothonotary's Office within 120 days of the last provision of labor or materials. Another type of lien is one that homeowners' associations (HOAs) may place on a homeowner's property for unpaid dues or assessments. The process for enforcing these liens is governed by the association's governing documents and Delaware state law, which may require notice to the homeowner and an opportunity to pay before the lien can be enforced. It's important to note that the specific procedures and timeframes for filing and enforcing liens can vary, and failure to comply with these can affect the enforceability of the lien.