Title 18 — Property

(a) Every contractor, subcontractor, or material supplier as defined in § 18-44-107 who supplies labor, services, material, fixtures, engines, boilers, or machinery in the construction or repair of an improvement to real estate, or any boat or vessel of any kind, by virtue of a c…

The entire land, to the extent stated in § 18-44-101, upon which any building, erection, or other improvement is situated including that part of the land which is not covered with the building, erection, or other improvement as well as that part of the land which is covered with …

(a) Every building or other improvement erected or materials furnished, according to the provisions of this subchapter, on leased lots or lands shall be held for the debt contracted for, or on account of it, and also the leasehold term for the lot and land on which it is erected.…

(a) Every contractor, subcontractor, or material supplier who shall furnish to any landowner any soil or drain pipe or tile for drainage of his or her land, or who shall put in soil or drain pipe or tile for any land, shall have a lien for each tract of forty (40) acres or less o…

(a) Every architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, landscaping, or abstracting services upon any land, or who shall issue a title insurance policy or pr…

As used in this subchapter, the “owner” of property shall include the owner of the legal title to property and any person, including all cestui que trust, for whose immediate use, enjoyment, or benefit a building, erection, or other improvement is made.

(1) As used in this subchapter:(1) “Contractor” means any person who contracts orally or in writing directly with a person holding an interest in real estate, or such person's agent, for the construction of any improvement to or repair of real estate;(2) “Material supplier” means…

(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following:(1) A list of all parti…

Any contractor or subcontractor who shall purchase materials on credit and represent at the time of purchase that they are to be used in a designated building or other improvement and shall thereafter use, or cause to be used, the materials in the construction of any building or …

(a) (1) The liens for labor performed or material or fixtures furnished, as provided for in this subchapter, shall have equal priority toward each other without regard to the date of filing the account or lien or the date when the particular labor or material was performed or fur…

(a) The lien given in this subchapter shall be transferable and assignable, but it shall not be enforced against the owner of the ground or buildings unless the owner of the ground or buildings shall have actual notice of the assignment or notice under subsection (b) of this sect…

(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days' notice before the filing of the lien, as required in § 18-44-117(a), to the owner of a building or improvement that he or she holds a claim agai…

(a) (1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by cer…

(a) (1) Whenever property is sought to be charged with a lien under this subchapter, the notice may be filed with the recorder of deeds of the county in which the property is situated if the owner of the property so sought to be charged:(A) Is not a resident of this state;(B) Doe…

(a) (1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred t…

(a) (1) In the event any person claiming a lien for labor or materials upon any property shall file such a lien within the time and in the manner required by law with the circuit clerk or other officer provided by law for the filing of such a lien, and if the owner of the propert…

(a) All actions under this subchapter shall be commenced within fifteen (15) months after filing the lien and prosecuted without unnecessary delay to final judgment. (b) No lien shall continue to exist by virtue of the provisions of this subchapter for more than fifteen (15) mont…

The complaint, among other things, shall allege the facts necessary for securing a lien under this subchapter and shall contain a description of the property to be charged with the lien.

In all suits under this subchapter, the parties to the contract and all other persons interested in the controversy and in the property charged with the lien may be made parties to the suit. Those that are not made parties shall not be bound by the proceedings.

(a) In all cases in which a lien shall be filed under the provisions of this subchapter by any person other than a contractor, it shall be the duty of the contractor to defend at his or her own expense any action brought thereupon. During the pendency of the action, the owner may…

The court shall make orders in the case as will protect and enforce the rights of all interested therein.

Whenever the owner of an erection or improvement, or of land on which an erection or improvement is put, or the owner of any boat or vessel, is a nonresident of the state or resides out of the county in which the erection or other improvement is put, as provided by this subchapte…

(a) The court shall ascertain by a fair trial, in the usual way, the amount of the indebtedness for which the lien is prosecuted and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, altho…

(a) When any contractor, subcontractor, laborer, or material supplier who has filed a lien, as provided for in this chapter, gives notice thereof to the owner of property by any method permitted under § 18-44-115(b)(5) and the claim has not been paid within twenty (20) days from …

(a) Whenever any indebtedness which is a lien on any real estate, erection, building, or other improvement is paid and satisfied, it shall be the duty of the creditor to enter satisfaction of the lien upon the record or margin thereof in the office of the clerk of the circuit cou…

(a) It shall be unlawful for any contractor, subcontractor, or other person who has performed work or furnished materials for the improvement of any property when the work or materials may give rise to a mechanic's, laborer's, or materialman's lien under the laws of this state, t…

In the event that property is jointly owned, the signature of one (1) of the owners is sufficient for the purposes of this chapter.

The provisions of this section and §§ 18-44-202 — 18-44-210 shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this section and §§ 18-44-202 — 18-44-210 shall be cumulative…

(a) Any person, corporation, firm, association, partnership, material man, artisan, laborer, or mechanic who when under contract, express or implied, made with the owner or lessee of any land, mine, or quarry, or the owner of any gas, oil, or mineral leasehold interest in land, o…

Any person, corporation, firm, association, partnership, or materialman who furnishes machinery, material, or supplies to a contractor or subcontractor or any person who performs labor under a subcontractor with a contractor, or who as an artisan or day laborer in the employ of a…

(a) The lien created by this section and §§ 18-44-201 — 18-44-203 and 18-44-205 — 18-44-210 shall apply in favor of any person, corporation, firm, association, or partnership who shall furnish any material, machinery, or supplies or perform any labor in the erection, operation, o…

The provisions of § 18-44-103 shall not apply to liens created by this subchapter, and in foreclosures under this section and §§ 18-44-201 — 18-44-204 and 18-44-206 — 18-44-210, all the right, title, and interest of the leaseholder shall be subjected to the lien created by it.

(a) (1) The lien given in this section and §§ 18-44-201 — 18-44-205 and 18-44-207 — 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and ap…

(a) As between the various liens provided by §§ 18-44-202 — 18-44-204, that given common laborers shall be superior to all other liens perfected under this section and §§ 18-44-201 — 18-44-206 and 18-44-208 — 18-44-210. (b) The term “common laborer” shall mean not only persons ac…

(a) Except as expressly provided in this section and §§ 18-44-201 — 18-44-207 and 18-44-209 — 18-44-210, the lien created under the provisions of these sections shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are …

(a) When the lien provided for in this section and §§ 18-44-201 — 18-44-208 and 18-44-210 shall have attached to the property covered thereby, neither the owner of the land nor the owner of the oil, gas, or mineral leasehold interest therein, the owner of any gas pipeline or oil …

Nothing in §§ 18-44-201 — 18-44-209 shall be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated to be paid in the contract under which the material is furnished or labor performed.

(a) (1) Any person working in or about the drilling or operation of any oil or gas well or any well being drilled for oil or gas in this state shall have a lien upon the output and production of the oil or gas well for the amount due for his or her work.(2) In addition, his or he…

The provisions of this subchapter shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this subchapter shall be cumulative of the present lien laws of this state, except as r…

(a) Any person, corporation, firm, association, or partnership, designated as a trucking contractor or teaming contractor and engaged in the hauling of oil field equipment used in, or about, the drilling of oil and gas wells or the operation of oil or gas leases in the production…

(a) The lien given in this subchapter against the land, or leasehold interest in the land, and against the oil pipeline or gas pipeline, including the pipeline right-of-way, the lease for oil or gas purposes, including the buildings and appurtenances situated on the land, the mat…

(a) The lien created in this subchapter shall be construed, established, preserved, and enforced in like manner and in the same time as liens of mechanics are construed, established, preserved, or enforced. (b) When the trucks, teams, tractors, draglines, or other equipment, and …

(a) Whenever any person shall remove any property subject to a lien under this subchapter to a county other than the one in which the lien has been filed, the lienholder, within ninety (90) days thereafter, may file an itemized inventory of the property so removed, showing how mu…

(1) There shall be a lien on the railroad for the labor, materials, machinery, fixtures, board, provisions, supplies, loss, damage, and services upon the roadbed, buildings, equipment, income, franchise, right-of-way, and all other appurtenances of the railroad for:(1) Every mech…

A lien created under § 18-44-401 shall be superior and paramount to that of all persons interested in the railroad as managers, lessees, mortgagees, trustees, beneficiaries under trusts, or owners, whether prior in time or not.

The lien mentioned in § 18-44-401 shall not be effectual unless suit is brought upon the claim or unless the claim is filed by order of court with the receiver of the railroad within one (1) year after the claim has accrued.

The lien shall be mentioned in the judgment rendered for claimant in the ordinary suit for the claim, or in any order of court allowing such claim as a just charge against any railroad in the hands of a receiver.

The lien may be enforced by ordinary levy and sale under final or other process at law or equity.

(a) As used in this subchapter:(1) “Construction contract” means a contract for the construction, erection, alteration, demolition, or repair of a building, structure, or improvement;(2) “Public construction contract” means a contract for the construction, erection, alteration, d…

This subchapter shall not apply to any contract executed by the Arkansas Department of Transportation.