the property. It provides a means by which, before a final determination of the lien claimant's rights and without prejudice to those rights, the property may be freed of the lien, so that it may be sold, developed or used as security for a loan. The procedure thus protects both the property owner by allowing the bond to substitute for the land as the object to which the lien attaches and the claimant by providing an alternate source of recovery on the claim of lien. ¶ 12. Furthermore, a construction lien is a matter in rem and not in personam. 53 Am. Jur 2d Mechanics' Liens § 3 (1996). Absent a contractual relationship between the lienor and the property owner, a personal judgment against the property owner cannot be maintained. See Ponti v. Eckels, 129 Wis. 26, 28, 108 N.W. 62 (1906) (<HOLDING>); see also 53 Am. Jur 2d Mechanics' Liens §§
holding that it is immaterial that the name of the owner as given in the assessment is inaccurate since no personal liability is involved the land not the owner is looked to for payment of delinquent taxes holding that the owner of the land could not bring a 93a action against a prior owner of the land who was not the seller because there was no business connection between the two parties holding that the indemnity plaintiffs liability was due only because of its legal duty as the property owner and not because of any active or independent negligence holding that personal judgment against the property owner was erroneous as there is no pretense either in allegation or proof of any privity between the owner and the subcontractors or of any promise by the former to pay the latter from which could result personal liability holding that the current property owner may not assert a public nuisance claim against the former owner