Title 35, Liens

Forfeiture of a leasehold estate does not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien has attached prior to forfeiture. If a lien provided for in this chapter attaches to an equitable interest or to a legal interest contingen…

Anything in this chapter to the contrary notwithstanding, any lien claimed by virtue of this chapter insofar as it may extend to oil or gas or the proceeds of the sale of oil or gas is not effective against any purchaser of such oil or gas until written notice of such claim has b…

Nothing in this chapter may be deemed to fix a greater liability upon an owner in favor of any claimant under an original contractor than the amount for which the owner would be liable to the original contractor; provided, however, that the risk of all payments made to the origin…

The lien provided for in this chapter arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor. Upon compliance with the provisions of section 35-24-11, such lien must be preferred to all other titles, charges, l…

All liens affixed by virtue of this chapter upon the same property are of equal standing except that liens of persons for the performance of labor are preferred to all other liens affixed by virtue of this chapter.

All labor performed or materials or services furnished by any person entitled to a lien under this chapter upon the same leasehold for oil and gas purposes or the same pipeline must for the purposes of this chapter be considered as having been performed or furnished under a singl…

1. Every person claiming a lien under this chapter shall file with the recorder of the county in which the leasehold or pipeline, or some part thereof, is situated, a statement verified by affidavit setting forth the amount claimed and the items thereof, the dates on which labor …

Immediately upon receipt of the statement of lien provided for in section 35-24-11, the recorder shall record the statement as a lien against the real property interest which is subject to the lien pursuant to section 35-24-03 and shall keep a record of all lien statements filed …

1. Whenever any lien or liens are fixed or attempted to be fixed under the provisions of this chapter, then the owner of the property on which the lien or liens are claimed or the contractor or subcontractor through whom such lien or liens are claimed, or either of them, may file…

Any lien provided for by this chapter may be enforced by civil action in the district court of the county in which the leasehold, or pipeline, or some part thereof, is situated. Such action must be brought within two years from the time of the filing of the lien statement as prov…

In such actions all persons whose liens are filed as herein provided and other encumbrancers may be made parties and the issues must be made and the trials must be conducted as in other civil cases. When such action is brought by any person other than an original contractor, the …

If several actions brought to enforce liens under this chapter on the same property are pending at the same time, the court may order them to be consolidated. Any claimant having filed the claimant's statement of lien as herein provided is entitled to intervene in any pending act…

When any lien provided for by this chapter has attached to the property covered thereby, it is unlawful for any person to remove such property, or any part thereof, or cause the same to be removed from the land or premises where located at the time such lien attached or otherwise…

In all cases when judgment may be rendered in favor of any person to enforce a lien under the provisions of this chapter, the leasehold, pipeline, or other property must be ordered to be sold as in other cases of sales of real estate or chattels, whichever may apply.

In any action brought to enforce a lien prescribed by this chapter, the party for whom judgment is rendered is entitled to recover a reasonable attorney's fee, to be fixed by the court, which must be taxed as costs in the action. No costs may be taxed against the owner when the o…

Nothing in this chapter may be construed to impair or affect the right of any person to whom any debt may be due for work performed or materials or services furnished to maintain a personal action against the person liable for such debt.

The taking of any note or any additional security by any person given a lien by this chapter does not constitute a waiver of the lien unless made a waiver by express agreement of the parties in writing. The claiming of a lien under this chapter does not constitute a waiver of any…

All claims for liens and likewise all actions to recover therefor under this chapter are assignable so as to vest in the assignee all rights and remedies herein given subject to all defenses thereto that might be raised if such assignment had not been made. When a statement of li…