Added a granny flat to existing house in 2009 - due to separation moved out in 2011. How do I place a lien on the property to recoup some of my investment?

Where would this be exactly as laws vary.

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Originally Posted by smoothy

Where would this be exactly as laws vary.

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In Ontario Canada

You go to civil court and get a judgment, then you can attach a lien.
It isn't as easy as being hired as an outside licensed contractor. You will need to prove it wasn't part of some loose agreement between two people in a relationship, especially if you were living there, and it is her house...
(whether a man and woman couple or not).
In short, you need a written contract and receipts, and she needs proof of payment.
Judges can be pretty arbitrary about their decision, so be well prepared.

Is the house owned jointly? If so, it gets sold and the proceeds divided equally; Ontario, much the same as anywhere else, property is 50/50. So why bother with the legal complications of a Lien?

Let me see if I understand this. You paid to have a small apartment added to an existing house for you to live in. You lived in the apartment for 2 years, then voluntarily moved out. Now you want to protect the money you paid for the improvement?

Some questions first. What was/is your relationship with the homeowner? Define what you meant by separation! Did you pay rent while you lived there? What agreement did you have with the homeowner with respect to the addition?

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Originally Posted by tickle

Is the house owned jointly? If so, it gets sold and the proceeds divided equally; Ontario, much the same as anywhere else, property is 50/50. So why bother with the legal complications of a Lein?

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No my name is not on deed-added granny flat to house owned solely by son in law-my daughter separated from him and I moved out in 2011. Her name is not on deed. Paid for building of addition on and have all receipts in my name.

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Originally Posted by ScottGem

Let me see if I understand this. You paid to have a small apartment added to an existing house for you to live in. You lived in the apartment for 2 years, then voluntarily moved out. Now you want to protect the money you paid for the improvement?

Some questions first. What was/is your relationship with the homeowner? Define what you meant by separation! Did you pay rent while you lived there? What agreement did you have with the homeowner with respect to the addition?

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Homeowner is former son in law-daughter separated from him and I moved out voluntarily in 2011. Did not pay rent-paid some utilities. There was no agreement in writing-verbally I paid for and would live there-agreed to pay some utilities on my unit-not in writing.

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Originally Posted by Maire4

No my name is not on deed-added granny flat to house owned solely by son in law-my daughter separated from him and I moved out in 2011. Her name is not on deed. Paid for building of addition on and have all receipts in my name.

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OK, that makes things a bit clearer. But we still need to know whether a) you paid rent and b) what agreement you had over the addition.

Edited:

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Originally Posted by Maire4

Homeowner is former son in law-daughter separated from him and I moved out voluntarily in 2011. Did not pay rent-paid some utilities. There was no agreement in writing-verbally I paid for and would live there-agreed to pay some utilities on my unit-not in writing.

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I don't see anything owed to you especially without a written agreement. You paid to have the addition built. You had a verbal agreement to live there rent free but to contribute for the utilities you used. You took a chance that their marriage would last long enough for you to recoup your investment. You apparently left voluntarily, but even if you were forced out, I just don't see where the homeowner owes you anything.

Maybe your daughter should have gotten reimbursement for you as part of her divorce settlement. Other than that, it simply appears you took a risk and lost.

You will have a tough time in court. You didn't pay rent, and paid a bit of utilities. Did your work add up to more than it rent would be for 2 years?

Your daughter would have a better chance of recouping some money for you in her divorce agreement. But you say they are only separated? Are they going to divorce?

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Originally Posted by ScottGem

OK, that makes things a bit clearer. But we still need to know whether a) you paid rent and b) what agreement you had over the addition.

Without knowing more, I don't see anything owed you.

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Did not pay rent-I built the addition and paid all costs incurred-architect design-upgraded cistern to accommodate additional water requirement's-building code stated granny flat usage only, construction costs with addition being built plus all interior costs to my unit. The only agreement was (verbally) I paid for the build and could live there.

Just off the top of your head, was the flat worth $900 x 30 months = 27,000?
Presumably it cost more than that to build the addition - 40,000? (Or were you really renovating an addition, because you can't really live in an all new addition for quite a while.)
So sue. That's all you can do. You might lose without a contract.
Without having a clue what the numbers are and other details, it's not easy to say where you fit in the lawsuit game - small claims, which is always worth it but which has a maximum depending on where you are, vs regular civil court for larger amounts, which is usually not worth it unless it's really a lot of money.
You can sue in small claims for the max allowed even if it's not all it cost you.

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Originally Posted by Maire4

Did not pay rent-I built the addition and paid all costs incurred-architect design-upgraded cistern to accommodate additional water requirement's-building code stated granny flat usage only, construction costs with addition being built plus all interior costs to my unit. The only agreement was (verbally) I paid for the build and could live there.

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Again, I don't see much grounds for you to recover the costs.