One who pays to the owner any part of the price of real property under an agreement for the sale thereof has a special lien upon the property, independent of possession, for such part of the amount paid as the person may be entitled to recover in case of a failure of consideration.
35-20-04. Vendor's and purchaser's liens on realty subject to rights of subsequent purchaser. The liens defined in sections 35-20-01 and 35-20-03 are subject to the rights of subsequent creditors without notice and of purchasers or encumbrancers in good faith and for value.
35-20-05. Vendor's lien on personalty - Dependent on possession - Enforced as pledge. One who sells personal property has a special lien thereon, dependent on possession, for its price, if it is in that person's possession when the price becomes payable, and may enforce that person's lien in like manner as if the property was pledged to that person for the price.