Can I put a lien on my neighbor’s property or do I need an attorney?

UPDATED: Oct 1, 2022

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Can I put a lien on my neighbor’s property or do I need an attorney?

About 9 months ago, my neighbor significantly damaged my driveway concrete and put into writing that he would replace it. I have the signed letter written and dated by him. He is now selling his home and will not speak to me regarding this matter. I have offered to be reasonable and to come to an agreement with no response. His home is closing next month. What can I do?

Asked on January 22, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot simply put a lien on his home. You need to sue him, prove he owes you the money (which it appears you may well be able to do, based on what you write), and get a court judgment against him (until there is a court judgment, there is no actual legal determination that he owes you money); once you get a judgment, if he does not then pay, you can use collections techniques, including seeking a lien on his real estate or wage garnishment, to collect.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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