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Can a tree company file a mechanics lien?

DelawareRecovery OptionsRight to Lien

We’re a tree company in DE that removed a storm damaged tree and trimmed an additional tree on a residential property. Is tree work protected under a mechanics lien?

4 replies

Aug 5, 2020
Delaware's mechanics lien statute doesn't explicitly discuss tree work when laying out who does and does not have the right to file a mechanics lien. Arguably, the removal of trees might potentially be construed as an "alteration" of the property, giving rise to lien rights. However, note that in Browning-Ferris, Inc. v. Rockford - the court found that removal, in and of itself, doesn't constitute alteration. So, it'd be wise to be cautious when deciding whether to file a lien for removal services. As for trimming - that would likely not constitute a permanent improvement to the property since that more closely resembles maintenance-type work. With that being said, if you feel a mechanics lien may be appropriate for the work you've done, then first threatening to file a lien (via Notice of Intent to Lien) could lead to payment. More on that here: What is A Notice of Intent to Lien And Should I Send One? And, if you believe pursuing a lien claim is appropriate, then this article will be useful: Delaware Mechanics Lien Guide and FAQs. What's more, it may be worth identifying non-lien recovery options, too, like invoice reminders, demand letters, and legal claims (like breach of contract or under the DE prompt payment laws).
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Sep 4, 2021
If the county fire dept tells you to remove trees, or other plants, for wildfire prevention, from you're house, and you can't, because you are a senior on a low fixed income, and can't pay to have the work done, can THE COUNTY PUT A LIEN ON YOUR HOUSE?
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Nov 25, 2022

Before heading out into the wilderness to chop down trees and gather enough wood for heating or whatever, it's important to make sure you have the right equipment for Stump Removal . Essentials include a chainsaw, sharp axe, stump grinder, Includes pruning shears and sometimes a chop saw.

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Jul 4, 2023

Tree removal is often the last resort, but sometimes it's necessary for safety reasons to contact a tree doctor . Your blog explains the signs to look for when a tree becomes a potential hazard. 

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