Construction Liens – Contracting Party With No Title
What happens when the person contracting for improving real property has no interest as owner in the land? Under Section 713.11, no lien will attach to such property, except in the case of a husband or wife contracting as an agent for the other spouse as provided in Section 713.12. However, if removal of such improvement from the land is practicable, the lien of a lienor shall attach to the improvement on which he or she has performed labor or services or for which he or she has furnished materials. The court, in the enforcement of such lien, may order such improvement to be separately sold and the purchaser may remove it within such reasonable time as the court may fix. According to Section 713.11, the purchase price for such improvement will be paid into court. The owner of the land upon which the improvement was made may demand that the land be restored substantially to its condition before the improvement was commenced, in which case the court will order its restoration and the reasonable charge therefor shall be first paid out of the purchase price and the remainder will be paid to lienors and other encumbrancers in accordance with their respective rights.