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DEFINITIONS

Home   |   The Process   |   Definitions


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It Helps When We're Speaking the Same Language


Appointment of Lien Agent
A specific filing submitted by the owner (or authorized agent), which designates the Lien Agent. The Appointment must include identification of the owner (including their contact information) as well as other information about the property. LEARN MORE

Authorized User
A person or entity who has login credentials to access the online system and is authorized to file an Appointment of Lien Agent, Notice to Lien Agent, or obtain information about a construction project.

'Closing Notice' Notification Request
An email notification request on a particular project designed specifically for closing attorneys. Subscribers will receive an automatic email notification from the online system letting them know of any future project activity. (Such as, related Notice filings made, comments added to a filing, etc.) LEARN MORE

Contractor
A person or entity that contracts with the owner to improve the property.

Custom Home Contractor (aka Custom Contractor)
A person or entity duly licensed as a general contractor (pursuant to Article 1 of Chapter 87 of the General Statutes) who has contracted with an owner and is not an affiliate, relative, or insider of the contractor to build a single-family residence on the owner's property to be occupied by the owner as a residence.​

Design Professional
Architects, engineers, land surveyors, or landscape architects who contract with the owner to improve the property. The owner is required to identify the name and contact information for any design professionals who have contracted for improvements prior to the time of the owner filing the Appointment of Lien Agent.

Exemptions
The Appointment of a Lien Agent is not required for improvements:
  1. For which the total costs of the undertaking are less than $30,000,
  2. To an existing single-family residential dwelling unit as defined in G.S. 87-15.5(7) that is used by the owner as a residence,
  3. For which first furnishing of labor or materials at the site was prior to April 1, 2013, or
  4. Involving the construction, reconstruction, alteration or repair of any public building or other public work or public improvement. LEARN MORE

Improve
To build, effect, alter, repair, or demolish any improvement to any real property. (i.e., upon, connected with, on or beneath the surface of any real property) 

Improvements
To improve the property (under the above broad definition of improve). Improvements may include; excavating, clearing, grading, filling, landscaping, or constructing, which are made to any real property. Improvements may also include performing any labor and providing rental of equipment directly utilized on the real property in making the improvement, including demolitions.

Lender
A person or entity providing a loan to the owner, secured by a mortgage or deed of trust on the property, who is not an affiliate, relative or insider of the owner.

Lien Agent
A title insurance company or title insurance agent licensed to do business in North Carolina, who has registered with the North Carolina Department of Insurance as a Lien Agent. Those listed in the online system drop-down list are participating with the LiensNC website. NOTE: The Lien Agent is not obligated to insure a property solely because of serving as Lien Agent and should not be confused with title insurance company. LEARN MORE

Notice to Lien Agent
A specific filing to give notice with the Lien Agent that a potential lien claimant has, is, or may be providing labor, services or materials for improvements to the property identified, and through whom they are contracting. LEARN MORE

Owner
A person or entity who ordered the improvement to be made, has an interest in the real property being improved (including a contractual interest to purchase the property), and for whom the improvement is being made.

Potential Lien Claimant
A person or entity entitled to claim a lien for improvements to the real property if not paid. (i.e., contractors, subcontractors, architects, engineers, landscapers, surveyors, developers, graders, pavers, electricians, water/sewer/curb & gutter installers,  those involved in demolition, or any other person or entity who contracts to furnish labor, services, materials or rental equipment for improvements)

Pre-Permit Worker
A person or entity who furnished labor, materials, rental equipment, or professional design or surveying services at the property prior to the time of the owner filing the Appointment of Lien Agent.

Project Property
The real property identified in the Appointment of Lien Agent. This information must include a general description of the real property to be improved. (Such as, street address, tax map lot and block number, reference to recorded instrument, or any other description that reasonably identifies the real property)

Property Type
Either a '1-2 family dwelling' (commonly referred to as residential) or 'other' (commonly referred to as commercial) property type, which is assigned during the filing of the Appointment of Lien Agent.

Public Building Project
As defined in Chapter 44A, Article 3, of the NC General Statutes. LEARN MORE

Purchaser
A person or entity purchasing the real property for valuable consideration who is not the owner and who is not responsible for the payment to potential lien claimants.

Real Property
The real estate that is being improved. (This includes: structures, lands, leaseholds, tenements, driveways, private roadways, accessory structures, pools, etc. and any furnished materials, such as trees and shrubbery.)

Related Filings Report
A report generated from the online system that provides details of the Appointment of Lien Agent as well as information regarding all of the project's related Notice to Lien Agent filings. LEARN MORE

Subcontractors (First, Second, and Third)
A person or entity that provides labor, services or materials for improvement of the property and may have lien rights on the property if not paid, but who does not contract directly with the owner. A first tier subcontractor contracts with a contractor for the improvements. A second tier subcontractor contracts with a first tier subcontractor. A third tier subcontractor contracts with a second tier subcontractor.

Title Insurance Company
A company authorized to issue policies insuring the title to real estate in North Carolina. The company must be licensed with the North Carolina Department of Insurance. NOTE: The title insurance company or agent issuing a policy of title insurance does not have to be the same company that served as Lien Agent.

'Track This' Notification Request
An email notification request on a particular project. Subscribers will receive an automatic email notification from the online system letting them know of any future project activity. (Such as, related Notice filings made, comments added to a filing, etc.) LEARN MORE

PROCESS

​THE LAW
DEFINITIONS
EXEMPTIONS
ABOUT US
YOUR ROLE

HOW-TOS

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FILE NOTICE
PROJECT SEARCH
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ALL HOW-TOS

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​​DISCLAIMER: The information on this website should not be considered legal advice.
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