Can I use a mechanics lien or storage lien to clear title issues for a home or vehicle left on estate property? – North Carolina

Short Answer

In North Carolina, a mechanics lien or storage/garageman’s lien is not a general tool an estate can use to clear title to a home or vehicle. Mechanics liens on real estate protect contractors who improved the property, and storage/garageman’s liens apply to businesses that possess and store or repair vehicles. As a personal representative, you typically must use estate and landlord-tenant procedures to gain possession, resolve occupant issues, and handle missing titles through the DMV.

Understanding the Problem

You are administering a North Carolina estate and want to know if you can use a mechanics lien or storage lien to fix title problems tied to a home or vehicle left on the property. The decision point is whether the personal representative can use lien statutes to clear title, or must instead use estate procedures; one key fact is that the mobile home’s title is missing and must be reissued by the DMV.

Apply the Law

Under North Carolina law, mechanics liens on real property secure payment to those who furnish labor or materials to improve the property. They are not designed to help an estate clear title. Storage or garageman’s liens protect businesses that, in the ordinary course of business, tow, store, or repair motor vehicles while holding possession. By contrast, a personal representative addresses estate real property through estate powers and, if there is a tenant, through summary ejectment. Missing vehicle or mobile home titles are handled with DMV title procedures, not through filing a lien.

Key Requirements

• Mechanics lien (real property): Available to those who improved the property; it attaches to the owner’s title and can cloud, not clear, title. It is not a remedy for personal representatives to fix title issues.
• Storage/garageman’s lien (vehicles): Applies only to businesses that tow, store, or repair vehicles and keep possession; a landowner who is not in that business generally cannot claim it.
• Estate control of real property: A personal representative may take possession, custody, and control of estate real property when it benefits the administration; if a bona fide tenant is in place, the personal representative must use summary ejectment.
• Ending a month-to-month tenancy: Give proper written notice before filing summary ejectment. For month-to-month, North Carolina requires one full month’s notice.
• Missing mobile home/vehicle title: Handle title issues through DMV processes for duplicate or corrected titles; if the home is affixed and de-titled as real property, address title through real estate records instead.

What the Statutes Say

• North Carolina Gen. Stat. § 44A-2 (Liens on personal property; motor vehicles) – Creates possessory liens for those who tow, store, or repair motor vehicles in the ordinary course of business.
• North Carolina Gen. Stat. § 44A-7 (Mechanics lien on real property) – Protects those who improve real property; not a tool to clear an estate’s title.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Allows a personal representative to take possession of real property and seek ejectment; tenants must be removed under landlord-tenant statutes.
• North Carolina Gen. Stat. § 42-14 (Notice to terminate a tenancy) – Requires at least one full month’s notice to end a month-to-month tenancy.

Analysis

Apply the Rule to the Facts: Because a mechanics lien on real property is for contractors who improved the property, it will not help the personal representative clear title to the mobile home property. A storage/garageman’s lien requires a business that possesses and stores or repairs vehicles; the estate, as landowner, usually does not qualify. Instead, the personal representative should use estate authority to control the property and, for the missing mobile home title, follow DMV processes to obtain a duplicate or corrected title.

Process & Timing

1. Who files: The personal representative. Where: Clerk of Superior Court (Estates) to obtain possession/custody/control of real property if needed; Small Claims Magistrate via the Clerk for summary ejectment if there is a tenant; DMV for duplicate/corrected titles. What: Estate proceeding with an Estate Proceedings Summons (AOC-E-102) to seek an order for possession/ejectment of non-tenant occupants; a summary ejectment complaint if a month-to-month tenant remains; DMV application for a duplicate or corrected title. When: Give at least one full month’s written notice to terminate a month-to-month tenancy before filing ejectment.
2. After notice, file summary ejectment. Hearing dates are typically set quickly; outcomes and timing vary by county. If the occupant is not a tenant, seek an order in the estate proceeding authorizing possession and ejectment.
3. For the mobile home title, submit the DMV title application with supporting estate documents (letters, death certificate, and any chain-of-title proof). If the mobile home has been converted to real property, resolve title through the Register of Deeds chain of title rather than the DMV.

Exceptions & Pitfalls

• Do not file a mechanics lien to “clear” estate title; it is for unpaid improvements and will cloud title.
• Storage/garageman’s liens are for businesses with possession; an estate that merely has a vehicle parked on its land generally cannot claim this lien.
• If a bona fide tenant occupies the property, use summary ejectment; do not rely on an estate order to eject a tenant.
• Confirm whether the mobile home is still titled with the DMV or has been converted to real property; the path to cure title differs.
• Verify whether any utility balances are personal to the occupant or attach to the property; coordinate with providers and your closing attorney before paying.

Talk to a Real Estate Attorney

If you’re dealing with title problems, missing DMV paperwork, or an occupant on estate property, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.