How do I file a claim of lien on real property in North Carolina?

North Carolina's lien statutes are at N.C. Gen. Stat. Ch. 44A, Article 2 (§§ 44A-7 to 44A-23).

1. Who Can File

Contractors, subcontractors, sub-subs, design professionals, equipment lessors, and material suppliers improving real property (N.C.G.S. § 44A-8).

2. Preliminary / Pre-Lien Notice

For projects with costs of $30,000 or more (and any improvements to existing single-family residences), the owner designates a Lien Agent on LiensNC.com. Lower-tier contractors must serve a Notice to Lien Agent within 15 days of first furnishing labor or materials (N.C.G.S. §§ 44A-11.1, 44A-11.2). Failure subordinates the lien to subsequent purchasers and lenders.

3. Recording the Lien

File a Claim of Lien on Real Property with the clerk of superior court in the county where the property lies, within 120 days after the last day of furnishing labor or materials (N.C.G.S. § 44A-12). Subs may also pursue a Claim of Lien on Funds (a different mechanism under § 44A-18). Required contents: claimant, owner, property description, dates of first and last work, and amount (§ 44A-12(c)).

4. Service on Owner

A copy of the claim must be served on the owner by personal delivery or certified mail (N.C.G.S. § 44A-12(c)).

5. Suit to Foreclose

Commence enforcement action within 180 days of the last furnishing of labor or materials (N.C.G.S. § 44A-13). The lien is perfected by filing within this window.

6. Priority

The lien relates back to the date of first furnishing of labor or materials by the contractor (not the claimant), as long as a Notice to Lien Agent was timely filed (N.C.G.S. § 44A-10).

7. Bond Release

Owner may discharge the lien by depositing cash or a corporate-surety bond for 125% of the claim (N.C.G.S. § 44A-16).

8. Homestead / Residential

For existing single-family residences, a Lien Agent must be appointed even for projects below $30,000 if the improvement requires a building permit. Owner-occupied projects also enjoy stricter notice protections.

9. Fraudulent Lien Penalties

Willfully filing a false or exaggerated lien is grounds for damages, attorney's fees, and slander of title; under § 44A-12.1 the court may strike a meritless lien on summary motion.

This is legal information, not legal advice.