Thread: Non/late payers
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Old 04-22-2013, 07:26 PM
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Greg78 Greg78 is online now
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Quote:
Originally Posted by ztman View Post
FYI, you cant legally place a mechanics lien on a property in PA for landscaping services.
You can't legally in FL place a lien on a property for lawn services such as mowing, shrub or tree trimming. It has to improve or add value to a property such as a paver patio install, shrub installation, palm tree installation or sod install.

The cases are Legault v. Suncoast Lawn Services, Inc., 486 So. 2d 72 (Fla. 4th DCA 1986) and Parc Central Aventura East Condominium v. Victoria Group Services, LLC, 54 So. 3d 532 (Fla. 3d DCA 2011)

Florida law requires that in order to have lien rights, the contractor (lienor) must have “improved” the property.
Improved is defined as (Section 713.01(14)):
“…build, erect, place, make, alter, remove, repair, or demolish any improvement over, upon, connected with, or beneath the surface of real property, or excavate any land, or furnish materials for any of these purposes, or perform any labor or services upon the improvements, including the furnishing of carpet or rugs or appliances that are permanently affixed to the real property and final construction cleanup to prepare a structure for occupancy; or perform any labor or services or furnish any materials in grading, seeding, sodding, or planting for landscaping purposes, including the furnishing of trees, shrubs, bushes, or plants that are planted on the real property, or in equipping any improvement with fixtures or permanent apparatus or provide any solid-waste collection or disposal on the site of the improvement.”
If the question remains after reading that definition, the 4th District Court of Appeals has provided an example upon which to provide more criteria for analysis. In Legault vs. Suncoast Lawn Service, Inc., (April 9, 1986) the Court stated that “an improvement, in order to support a mechanic’s [contractor] lien, must result in a permanent benefit to the land or the real property [building].” From the facts in that case, the contractor had mowed the property owner’s lawn and trimmed their shrubbery, and thereafter filed a lien for “lawn service.” The Court found that, although planting for landscaping purposes may be a permanent improvement, landscape maintenance services did not.
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