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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10281
Experience:  30 years experience in property law.
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Not long sacked my contractor due to breach of contract. He

Customer Question

Not long sacked my contractor due to breach of contract. He is demanding further payment of work which I believe is rubbish as we have paid him to date and to stage payments. He is now with holding materials which have already been bought and paid for. Can he put a lien on my property. He last worked a month ago, and since his demands he is refusing contact, which we have tried several times. Can he put a lien on my property and if so should he notify us?!? I am based in Scotland.
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A lien is valid over moveable property under the law of Scotland. However, if there is no money due, then there can be no lien over the materials he is retaining. You may have to do to court and ask for delivery of the materials which failing payment of the cost of same.
You can't have a lien over heritable property such as your house. There is an order called an Inhibition which a party pursuing a debt can apply for. That prevents the owner from selling or otherwise granting any security over their house. To get an Inhibition, court proceedings would have to be raised for payment and the court would have to authorise the inhibition which would have to be intimated to you. You would be given the opportunity to seek a recall of the Inhibition.
Happy to discuss further.
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10281
Experience: 30 years experience in property law.
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