Can I place a lien on my neighbors property if his trees have damaged our common block wall?

My neighbor had a large palm tree now removed that caused sprinkler damage to
my backyard and the common block wall is warped and leaning into my yard – looks
like it’s ready to fall and needs repair or replacement. He offered to fix it
but ‘does not have the money right now’ – he and his wife are elderly and I am
afraid they may get sick, die or sell and never fix this – can I place a lien on
the property so ownership cannot be transferred until this wall is repaired or
replaced? State of Nevada, Clark County

Asked on March 13, 2017 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't just place a lien on his property--the law does not let one private citizen lien another's property for obvious reasons (to avoid everyone liening everyone else anytime they had a dispute, without first proving they had a valid claim) with a few, narrow exceptions (e.g. contractor's liens to secure payment), without first getting a court order or judgment in your favor. You can sue your neighbor for the damage done to your property; if you prove in court that he is responsible for the damage, then if he does not pay the resulting judgment against him, *then* you can put a lien on his property to secure payment.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't just place a lien on his property--the law does not let one private citizen lien another's property for obvious reasons (to avoid everyone liening everyone else anytime they had a dispute, without first proving they had a valid claim) with a few, narrow exceptions (e.g. contractor's liens to secure payment), without first getting a court order or judgment in your favor. You can sue your neighbor for the damage done to your property; if you prove in court that he is responsible for the damage, then if he does not pay the resulting judgment against him, *then* you can put a lien on his property to secure payment.


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