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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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