What is the consequence if a property owner does not object to unauthorized work being done on their property?

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When a property owner does not object to unauthorized work being done on their property, a mechanic's lien may be placed on the property. This concept is ingrained in property law and mechanics lien statutes across many states, including South Dakota.

A mechanic's lien is a legal claim against a property that is typically filed by a contractor or subcontractor who has provided work or materials for a property owner but has not been paid for it. The fact that the property owner failed to object can indicate tacit acceptance of the work being done, even if it was unauthorized, which in turn allows contractors to enforce their right to payment through a lien.

This situation emphasizes the importance of property owners actively managing their properties and understanding the implications of any work conducted without their explicit consent. By allowing such work to proceed without objection, property owners may inadvertently grant rights to contractors, who can then assert claims against the property, potentially complicating future transactions or sales.

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