He's having his home repainted and doesn't pay

He's having his home repainted and doesn't pay

"I'm a painter and I carried out major works in a flat at the request of an ex-boyfriend who was a tenant. The owner of the building was aware of the work and never objected. As I have not been paid, can I obtain the registration of one of these famous legal mortgages on the building in question?"

Henri, Geneva

Under art. 837 of the Civil Code (CC), craftsmen and contractors employed in the construction or destruction of buildings or other structures, erecting scaffolding, securing an excavation or carrying out other similar work may apply for the registration of a legal mortgage on the property for which they have provided materials and work or work only, regardless of whether their debtor is the landowner, a craftsman or contractor, a tenant, a farmer or any other person with a right to the property.

However, if the debtor is a tenant, farmer or other person with a right in the building, tradesmen and contractors may only apply to register a legal mortgage if the landowner has agreed to the work being carried out. The landowner's agreement need not be in any particular form; it may therefore be given by conclusive deed, or even tacitly if the landowner tolerates the work. As a result, the owner must bear the cost of registering a legal mortgage on the building on which the work has actually been carried out, even if he is not personally liable for the secured debt.

Please note that, as a craftsman, you must obtain registration of this mortgage no later than four months after the actual completion of your work, in accordance with article 839 CC. This deadline is met if you obtain a provisional registration of the legal mortgage from the judge in accordance with article 961 CC, which must be entered in the Land Register before the four-month deadline expires.

It should be noted that when the judge orders the provisional registration of the legal mortgage, he must determine in his decision how long it will be valid, setting a deadline for the artisan to assert his right before a court, which will examine the merits of the claim and any objections from the debtor.