A property owner wants to file a mechanic's lien for work they personally performed on their own rental property. Under NRS 108, is this permitted?
Correct Answer
A) No, owners cannot lien their own property
Under NRS 108, property owners cannot file mechanic's liens against their own property, as they cannot owe themselves money.
Why This Is the Correct Answer
Option A is correct. Under NRS 108, a mechanic's lien is a security interest granted to those who provide labor or materials to improve another party's property. A property owner cannot file a lien against their own property because the legal premise of a lien — that someone is owed payment by the property owner — cannot exist when the owner and the claimant are the same person.
Why the Other Options Are Wrong
Option B: Yes, if they are a licensed contractor
Holding a contractor's license does not grant an owner the right to lien their own property. The lien statutes are designed to protect outside claimants, not to allow self-dealing by property owners regardless of their license status.
Option C: Only for materials, not labor
The limitation applies to both labor and materials. There is no provision in NRS 108 that carves out an exception for materials-only claims by the property owner against their own property.
Option D: Yes, if the work exceeds $500
The $500 threshold referenced in this option relates to the exemption for owner-occupied residences (the homeowner's exemption threshold for requiring preliminary notices), not to a dollar-based permission for owners to lien their own property. The concept is inapplicable here.
Memory Technique
You cannot owe money to yourself. A lien requires a debtor (the owner) and a creditor (the claimant). If they are the same person, there is no lien. Simple: same person = no lien.
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