My neighbor believes a raised berm with vegetation on it on my property is "moving" and encroaching on his property. He wants me to put in a retaining wall or remove the berm. I disagree that the berm is moving. I am willing to remove any dirt and vegetative material from within a foot of the fenceline, but he still has threatened to file a lien on my property. My house is currently for sale and I don't want a lien to threaten any interest in the property.

My question: can a person just file a lien without a judgment? I think he must get a judgment against me to file a lien on the property.

Wow, he thinks the mound of dirt is moving to his property line?

I'd like to see him convince the judge to issue a lien based on that premise.

He is obviously nuts, he can't get a lien without going to court.

I would say a survey would solve that problem. Can't get a lien for no apparent reason. You have to go to court or he had done some work for you that didn't get paid for.

I don't see any reason for a lien, he could file a action to force you to move. To get a lien they will have to sue you in court for a judgement and win.

But yes you need a survey done, mark the property line, perhaps build a fence.