Priority of certain liens arising by operation of law

K.S.A. 84-2a-306, under SALES.

K.S.A. 84-2a-306

84-2a-306. Priority of certain liens arising by operation of law. If a person in the ordinary course of such person's business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise. History: L. 1991, ch. 295, § 36; February 1, 1992. KANSAS COMMENT, 1996 This section gives a superpriority to liens arising by statute or common law. Under this section, a person who furnishes services or material in the ordinary course of business with respect to goods subject to a lease contract has priority over the interest of the lessor or the lessee under the lease contract or under this Article. The primary requirement is that the lienor have possession of the goods. The section is derived from section 84-9-310. The principal change, other than to make the provision applicable to leases, is the extension of the exception to cover liens created by rule of law. For further discussion, see 1996 Kansas Comments to 84-9-310.