Title 49, Title 49: Mortgages and Liens

Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen. (a) No person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land o…

Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee. (a) Whenever one or more mechanics' liens are placed upon any real estate pursuant to sections 49-33, 49-34, 49-35 and 49-38, the owner of the real estate, if no action to foreclose the lien is then p…

Sec. 49-35b. Burden of proof at hearing. Authority of court. (a) Upon the hearing held on the application or motion set forth in section 49-35a, the lienor shall first be required to establish that there is probable cause to sustain the validity of his lien. Any person entitled t…

Sec. 49-35c. Appeal. (a) Any order entered as provided in subsection (b) of section 49-35b shall be deemed a final judgment for the purpose of appeal. (b) No appeal may be taken from the order except within seven days thereof. The effect of the order shall be automatically stayed…

Sec. 49-35d. Validation of lien recorded prior to April 22, 1975. (a) Any person who prior to April 22, 1975, placed a mechanic's lien upon any real estate pursuant to sections 49-33, 49-34, 49-35 and 49-38, which was not released or discharged on such date, may validate such lie…

Sec. 49-36. Liens limited; apportionment; payments to original contractor. (a) No mechanic's lien may attach to any building or its appurtenances, or to the land on which the same stands, or any lot, or any plot of land, in favor of any person, to a greater amount in the whole th…

Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on claim and bond. (a) Whenever any mechanic's lien has been placed upon any real estate pursuant to sections 49-33, 49-34 and 49-35, the owner of that real estate, or any person interested in …

Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975. Whenever prior to April 22, 1975, a bond has been substituted for any lien pursuant to section 49-37, which bond was in effect on said date, the obligee on such bond may validate the lien for which the bon…

Sec. 49-38. Lien on railroad for services or materials in construction. If any person has a claim for materials furnished or services rendered for the construction of any railroad, or any of its appurtenances, under any contract with or approved by the corporation owning or manag…

Sec. 49-39. Time limitation of mechanic's lien. Action to foreclose privileged. A mechanic's lien shall not continue in force for a longer period than one year after the lien has been perfected, unless the party claiming the lien commences an action to foreclose it, by complaint,…

Sec. 49-40. Record of discharge of mechanic's and judgment liens. Section 49-40 is repealed. (1949 Rev., S. 7224; 1949, 1953, S. 2976d; 1969, P.A. 653; 1971, P.A. 181, S. 2.)

Sec. 49-40a. Mechanic's liens expired by limitation of time. Any mechanic's lien which has expired because of failure to comply with the time limitations of section 49-39 is automatically extinguished and the continued existence of the lien unreleased of record in no way affects …

Sec. 49-41. Public buildings and public works. Bonds for protection of employees and materialmen. Performance bonds. Limits on use of owner-controlled insurance programs. Certain surety contract provisions. (a) Each contract exceeding one hundred thousand dollars in amount for th…

Sec. 49-41a. Enforcement of payment by general contractor to subcontractor and by subcontractor to its subcontractors. (a) When any public work is awarded by a contract for which a payment bond is required by section 49-41, the contract for the public work shall contain the follo…

Sec. 49-41b. Release of payments on construction projects. When any public work is awarded by a contract for which a payment bond is required by section 49-41 and such contract contains a provision requiring the general or prime contractor under such contract to furnish a perform…

Sec. 49-41c. State contractor to make payment to subcontractor within thirty days. Any person contracting with the state shall make payment to any subcontractor employed by such contractor within thirty days of payment by the state to the contractor for any work performed or, in …

Sec. 49-42. Enforcement of right to payment on bond. Suit on bond, procedure and judgment. (a)(1) Any person who performed work or supplied materials for which a requisition was submitted to, or for which an estimate was prepared by, the awarding authority and who does not receiv…

Sec. 49-43. Certified copies of bonds and contracts for public works. Each agency of the state or of any subdivision thereof, in charge of the construction, alteration or repair of any public building or public work of the state or of any subdivision thereof, shall furnish, to an…

Secs. 49-44 to 49-46. Recording of judgment lien; when it holds from attachment. Lien only on land liable to execution at date of judgment. Owner of judgment may file lien; foreclosure, limitation of time, notice of lis pendens. Sections 49-44 to 49-46, inclusive, are repealed. (…

Sec. 49-47a. Form of mechanic's lien foreclosure certificates. Certificates of foreclosure of mechanic's liens shall be, as far as possible, of the same form as is prescribed for certificates of foreclosure of mortgages. (P.A. 79-602, S. 96.)

Sec. 49-49. When insolvency proceedings set aside lien. Section 49-49 is repealed. (1949 Rev., S. 7230; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)

Sec. 49-51. Discharge of invalid lien. (a) Any person having an interest in any real or personal property described in any certificate of lien, which lien is invalid but not discharged of record, may give written notice to the lienor sent to him at his last-known address by regis…

Sec. 49-52. Pendency of action to foreclose lien on personalty not to be notice. The pendency of an action for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate is not notice of that action to any person who acquires an interest in that estate d…

Sec. 49-53. Duty of officer serving process in such action. Record by town clerk. (a) The officer serving the process and complaint in an action for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate shall leave a true and attested copy of the pr…

Sec. 49-55. Vessel lien in connection with building, repairing, mooring, dockage or storage. Each vessel, not documented according to the maritime or admiralty laws of the United States, shall be subject to a lien in the amount of a claim of not less than fifty dollars by any per…

Sec. 49-55a. Notice of vessel lien. Substitution of bond. Sale of vessel and satisfaction of lien. (a) Upon the possession of the vessel by a lienor, he shall cause a notice of a vessel lien, in duplicate, to be filed on a form provided by the Secretary of the State with the offi…

Sec. 49-55b. Form of notice of vessel lien. A notice of vessel lien shall contain the following information: (1) The registration number; (2) the name of the vessel; (3) the name of the manufacturer; (4) the type of propulsion; (5) the length of the vessel; (6) a general descript…

Sec. 49-55c. Dissolution of lien. Action by person claiming lien. (a) The application to dissolve a vessel lien may be in the following form: To ...., a judge of the Superior Court for the judicial district of .... The undersigned, .... of the town (or city) of .... in the county…

Sec. 49-55d. Obtaining of lien without possession of vessel. Writ of attachment. Judicial sale. (a) If the lienor does not have possession of the vessel, the lienor may bring a complaint, setting forth the reasons for the lien and demanding the sale of the vessel, returnable in t…

Sec. 49-56. Notice of vessel lien to be filed with Secretary of the State. Duration of lien. Discharge. (a) A vessel lien is not valid, unless the lienor has, within sixty days after he has ceased to furnish the goods or services described in section 49-55, filed a notice of a ve…

Sec. 49-56a. Termination or removal of notice of lien. Each person who has lodged for record a notice of a vessel lien on any personal property after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, sh…

Sec. 49-57. Form of certificate of lien on vessel. Section 49-57 is repealed. (1949 Rev., S. 7236; 1969, P.A. 818, S. 9.)

Sec. 49-58. Lien not to exceed contract price. A vessel or its appurtenances shall not be subject to vessel liens for a greater amount in the whole than the price agreed to be paid for the vessel or its repairs. (1949 Rev., S. 7237; 1969, P.A. 818, S. 8; P.A. 79-602, S. 119.) His…

Sec. 49-59. Discharge of liens. Penalty for failure to discharge. Each person who has lodged for record a certificate claiming a lien on any property, under the provisions of this chapter, shall, after receiving satisfaction of his claim or after the rendition of a final judgment…

Sec. 49-60. Jewelers' liens. Television and radio service dealers' liens. (a) Each jeweler, watchmaker, silversmith or television and radio service dealer who alters, repairs or does any work on any article of personal property at the request of the owner or legal possessor of th…

Sec. 49-61. Release of lien on substitution of bond. Lien on motor vehicle or special mobile equipment; notice of intent to sell to commissioner or bailor. Sale. (a) The owner of any personal property which is held by one who claims to be a bailee for hire of that personal proper…

Sec. 49-62. Form of application. The application described in section 49-61 may be in the following form: “To ...., a Judge of the Superior Court for the judicial district of ....: The application of C.D. of the Town (or City) of ...., in the County of ...., and judicial district…

Sec. 49-63. Notice of application. Hearing. No such lien may be dissolved until reasonable notice of the application, in writing, signed by the applicant or his attorney, has been served upon the lienor or left at his usual place of abode or such other reasonable notice as the ju…

Sec. 49-64. Form of bond. Such bond shall be taken to the lienor, and shall be substantially in the following form: “Know all men by these presents: That we, C. D. of ...., as principal, and .... of ...., as surety, are holden and firmly bound, jointly and severally, unto A. B. o…

Sec. 49-65. Dissolution of lien to be recorded. The authority dissolving the lien shall certify such dissolution upon the application, and forthwith return the application, notice, order and bond to the clerk of the superior court for the judicial district wherein such personal p…

Sec. 49-66. Pleadings may be amended. In any case in which a bond is substituted for a lien after an action for the collection of the lienor's charges has been commenced, the plaintiff in such action may amend his pleadings, without costs, so as to make the action one upon such b…

Sec. 49-67. Limitation of action on bond. Any bond substituted for a lien under the provisions of sections 49-61 to 49-66, inclusive, shall be void unless an action is brought to recover thereon within one year from the date of such bond. (1949 Rev., S. 7246.)

Sec. 49-68. Liens of boardinghouse keepers. When a special agreement has been made between the keeper of any boarding or lodging house and any person boarding or lodging at such house, regarding the price of such board or lodging, all the baggage and effects kept by such person a…

Sec. 49-69. Liens of hotel keepers. Whenever the keeper of any hotel or inn receives into his hotel or inn any person as a boarder or lodger, he shall have a lien upon and right to detain the baggage and effects of such boarder or lodger; and such lien may be enforced in the mann…

Sec. 49-70. Lien on animals for their keep. Transfer of abandoned animals. (a) When a special agreement has been made between the owner of any animals, including birds and fish, and any person who keeps and feeds such animals, regarding the price of such keeping, such animals sha…

Sec. 49-71. Lien of manufacturers on materials. Any person, firm or corporation engaged in the business of manufacturing, spinning, throwing, bleaching, mercerizing, printing or finishing yarn or other goods made of cotton, wool, silk, linen, rayon, nylon, synthetic fibers or art…