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Monday, August 16, 2004

Ohio Mechanics Liens

A mechanics’ lien is an interest in real property for the purpose of securing compensation to persons who perform work or furnish materials of the improvement of the real property. If such a person is not paid, such person may assert a lien against the property if all statutory requirements are met.

“Improvement” is defined broadly to mean “constructing, erecting, altering, repairing, demolishing, or removing any building or appurtenance thereto, fixture, bridge, or other structure, and any gas pipeline or well including, but not limited to, a well drilled or constructed for the production of oil or gas; the furnishing of tile for the drainage of any lot or land; the enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any shrubs, trees, plants, vines, small fruits, flowers, or nursery stock of any kind; and the grading or filling to establish a grade.” Ohio Rev. Code Section 1311.01(J). Effective March 14, 2003, the definition of “improvement” will include the excavation, cleanup, or removal of hazardous material waste from real property.

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