Lien question

[bigmike088]

What is the name of your state (Florida)?

I'm buying a house and order a survey,called 2 companies which only one confirm he will be at the property at x date.Surveyor 2 just said he'll check his schedule to see if he can do it that day and will let me know.This was on a friday,surveyor 2 never confirm with me and surveyor 1 did the work already.The time surveyor 2 got there,surveyor 1 all ready did the survey and mark the land bounds with flags,surveyor 2 called me ask me if I hired another surveyor and I stated yes I did becouse you never called or email me back to confirm.He got mad and said he going put a lien on the property for work he didn't do! Can his legally do that? My Realtor drove by 15 minutes later to confirm that surveyor 1 was there.I was worried that surveyor 2 being mad would removed the flags but he didn't.

 

[STEPHAN]

Yes, he could put a lien on there. However the current owner could dispute it.

It all depends on what exactly was agreed upon when you spoke.

How much is the survey? Can be that much that you can not find a solution.

 

[latigo]

What is the name of your state (Florida)?

I'm buying a house and order a survey,called 2 companies which only one confirm he will be at the property at x date.Surveyor 2 just said he'll check his schedule to see if he can do it that day and will let me know.This was on a friday,surveyor 2 never confirm with me and surveyor 1 did the work already.The time surveyor 2 got there,surveyor 1 all ready did the survey and mark the land bounds with flags,surveyor 2 called me ask me if I hired another surveyor and I stated yes I did becouse you never called or email me back to confirm.He got mad and said he going put a lien on the property for work he didn't do! Can his legally do that? My Realtor drove by 15 minutes later to confirm that surveyor 1 was there.I was worried that surveyor 2 being mad would removed the flags but he didn't.

It seems to me that your problems are partly of your own making. Perhaps you should have called half a dozen and tripled your headache. Whatever. . .

Clearly your calls to engage a surveyor occurred within close proximity with the first being to #1 or you would have no need to call #2. So inasmuch as #2 agreed to be on the property as requested, why did you not so advise #1?

Legally speaking #1 has no right of lien for professional services for the simple reason that no work was performed on the property. (Florida Statutes Title XL Chapter 713 Section 713.03(1)

(1) Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract.

And even had #1 performed professional services for which it might otherwise have a right of lien, it had no agreement with the owner of the property or the owner's authorized agent.

The consequences being that you have officiously created a headache for the owner and not being the real party in interest you have no standing to contest any claims of right of lien!

But I wouldn't fret too much. With the rising of the oceans the property will soon be immersed beneath the Gulf Stream which will also eventually disappear creating perpetual winter for Western Europe.

 

[Zigner]

Strike that...reverse it.

 

[STEPHAN]

1. A surveyor has the right for a construction lien in FL.

2. He might have done work other than on the property. Despite that he for sure is owned something for the canceled order.

3. When a lien is field, it does not matter who owns the house. Plus the buyer was authorized to order the survey.


I have experiance in these construction liens.

The owner can go against it, but practically it will be included in the closing.