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Lien on property question

Posted on 11/11/08 at 4:44 pm
Posted by Raptordawg
Youngsville, La.
Member since Nov 2005
549 posts
Posted on 11/11/08 at 4:44 pm
I recently bought a lot in a subdivision that requires grass to be cut 6" or lower. Now I have 2 friends that also bought lots next to me and we all take turns cutting the lots. I work out-of-town alot and when I just got back the seller of the lots in the subdivision sent me a certified letter that said he would put a lien on my property if I didn't pay him the money owed for grass cutting in 5 business days.

When I got the certified letter, I called and he already put the lien on the property. After talking to my friends they said the grass was cut and not above 6". Is that legal to put a lien on property before even notifying someone?
This post was edited on 11/11/08 at 4:45 pm
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15046 posts
Posted on 11/11/08 at 4:46 pm to
This doesn't make any sense to me. Someone just up and cut your grass without your permission, then sent a bill, then filed a mechanic's lien?
Posted by Raptordawg
Youngsville, La.
Member since Nov 2005
549 posts
Posted on 11/11/08 at 4:51 pm to
Yeah, in the by-laws it states that anyone who owns a lot in the subdivision can cut another lot if the grass is over 6" and charge for reimbursement. This guy owns like 10 more lots and he lets the grass grow to 3' or more sometimes and when he hires someone to cut them they cut all the empty lots and he charges us for them.

I've argued with him before and went ahead and paid, but this is getting ridiculous. He put a lien on my property for $85 before he even notified me.
Posted by Worn Hanes
Member since Oct 2008
129 posts
Posted on 11/11/08 at 4:56 pm to
quote:

I've argued with him before and went ahead and paid, but this is getting ridiculous. He put a lien on my property for $85 before he even notified me.


Seems fishy to me. But the bigger question remains, do you really want a house in a subdivision with these type of restrictions and policies?

Posted by tiger94gop
GEISMAR
Member since Nov 2004
2916 posts
Posted on 11/11/08 at 4:56 pm to
You may be sh*# out of luck. You need to look at your cash sale or contract and see if it stipulates he is supposed to cut the grass. If not, then you try and fight it and he will need some kind of proof, but experience says; "he's done this before, and you will have to pay".

If your two friends sign affidavits saying they cut the grass, it would help. If they have notices also, then not so much. How well do you know your friends to believe that they cut the grass?
Posted by Cold Cous Cous
Bucktown, La.
Member since Oct 2003
15046 posts
Posted on 11/11/08 at 4:59 pm to
quote:

in the by-laws it states that anyone who owns a lot in the subdivision can cut another lot if the grass is over 6" and charge for reimbursement.
Christ, that's retarded. Is this in Baton Rouge? I've never heard of places in New Orleans having these stupid subdivision bylaws like they do in BR.

Who files a lien for $85? It's barely even worth the trip to the courthouse, much less the fees.
Posted by Martavius
Member since Nov 2005
16019 posts
Posted on 11/11/08 at 5:15 pm to
quote:

I've argued with him before and went ahead and paid, but this is getting ridiculous. He put a lien on my property for $85 before he even notified me.

Easy enough solution. Go mow one of his lots and send him a bill for $85 and threaten him with a lien if not paid within 5 days.
Posted by kfizzle85
Member since Dec 2005
22022 posts
Posted on 11/11/08 at 5:23 pm to


Posted by Raptordawg
Youngsville, La.
Member since Nov 2005
549 posts
Posted on 11/11/08 at 7:38 pm to
BTW, It's in St. Landry parish a few miles above lafayette and the guys daughter is the lawyer that is filing the liens.

Oh and my friends and I are already in the works of going and cutting all his lots the next time they are over 6" and threaten his arse with the liens. He has 11 lots not sold yet, so we'll see how he likes it.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/11/08 at 7:56 pm to
Why wait for the grass to grow to 6"? There is no proof required that the grass was uniformly that long, only that you cut it in good faith belief it was over 6" in one spot on each lot.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29305 posts
Posted on 11/11/08 at 11:59 pm to
I haven't dealt with these type of liens in particular but personally, I would tell the guy you weren't paying and see if he brings suit within the year of filing. If he is dick enough to sue over $85, I wouldn't want to build in that subdivision.

Of course, all this depends upon what the restrictions say, and if he gave you a copy of the restrictions.
Posted by Putty
Member since Oct 2003
25486 posts
Posted on 11/12/08 at 8:13 am to
quote:

I haven't dealt with these type of liens in particular but personally, I would tell the guy you weren't paying and see if he brings suit within the year of filing.


either that or get a $100 bond and force him to cancel the lien and go after the bonding co.
Posted by Tiger JJ
Member since Aug 2010
545 posts
Posted on 11/12/08 at 9:27 am to
Home ownership is totally awesome.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29305 posts
Posted on 11/12/08 at 9:47 am to
quote:

either that or get a $100 bond and force him to cancel the lien and go after the bonding co.


True, that's a better solution. (that's what I get for playing Civ 4 while posting) Also, I think you can deposit funds with the Clerk of Court at 1.25 times the lien amount and just wait the year.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16463 posts
Posted on 11/12/08 at 10:31 am to
quote:

and the guys daughter is the lawyer that is filing the liens.


Don't walk away from the neighborhood, RUN. I mean seriously. Who treats their customers like that? I think this guy is forgetting which way the money is flowing here. Especially since you have 2 other friends in the neighborhood already. This guy should be doing everything possible for you and your friends so you will spread the word about how good the neighborhood is, and how pleasant your experience has been, not pissing you off over piddly shite.

Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/12/08 at 10:50 am to
quote:

(that's what I get for playing Civ 4 while posting)

Also known as video crack. What leader are you playing and at what level? I'm trying to gat comfortable at immortal level, but I just can't keep up in the tech race.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29305 posts
Posted on 11/12/08 at 11:40 am to
quote:

Also known as video crack. What leader are you playing and at what level? I'm trying to gat comfortable at immortal level, but I just can't keep up in the tech race.


I don't play at that high of level (usually Monarch, sometimes Emperor). I usually just make everything Random and go with the luck of the draw. I'm playing the Mongolians right now and have transports searching the globe to wipe out the rest of the Germans. My problem is that the French and Aztecs keep declaring war against me every ten moves. It keeps getting in the way of my German bloodfeud.

I usually try to keep a core country defended and pour everything in to tech advancement. Then, after the game is over I keep playing until there is no one left.
Posted by Putty
Member since Oct 2003
25486 posts
Posted on 11/12/08 at 2:43 pm to
quote:

I'm playing the Mongolians right now


do they keep tearing down your shitty wall? stupid fricking mongorians.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 11/12/08 at 2:43 pm to
It's a good thing computer games sucked back when I worked for Uncle Arthur. I would have gotten even less work done, and I really would have had ethical issues with billing clients for the time.

I've always aimed for conquest or domination type victories, but I can't seem to pull them off at immortal level. So. I'm trying to win a cultural victory with the Incans. It seems too easy. I have 3 cities building every culure producing improvement, and the rest of my cities are producing practically nothing but military units for defense purposes. I'm behind in the tech race, but I don't think it will matter since I should amass the requisite cultural points well ahead of any spaceship completion.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29305 posts
Posted on 11/12/08 at 3:34 pm to
quote:

It's a good thing computer games sucked back when I worked for Uncle Arthur.


We used to have several games hidden on the system at Charlotte. One of the games you played as a drug-runner. You would buy drugs in one part of New York and attempt to sell them in other parts for a profit.

Another game was called ganja farmer and you tried to shoot down the helicopters trying to spray your fields.

Now that I think about it, maybe it wasn't such a surprise when Uncle Arthur went tits up.

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