Title 35 — Liens

Upon the presentation of the petition with due proof of the service of the notice of the application, the court shall ascertain the amount due to the petitioner and to each other person whose claim is a lien upon the surplus money and the priorities of the several liens. The cour…

In this chapter unless the context or subject matter otherwise requires: 1. "Construction" means construction, maintenance, operation, or repair. 2. "Contract" means a contract, written or oral, express or implied, or partly express and partly implied, or executory or executed, o…

Any person who shall, under contract with the owner of any leasehold for oil or gas purposes or any pipeline, perform any labor or furnish any material or services used or employed, or furnished to be used or employed in the drilling or operating of any oil or gas well upon such …

1. Liens created under section 35-24-02 extend to: a. The whole of the leasehold for oil or gas purposes to which the materials or services were furnished, or for which the labor was performed, and the appurtenances thereunto belonging; and b. All materials and fixtures owned by …

Any person who shall, under contract, perform any labor or furnish any material or services as a subcontractor under an original contractor or for or to an original contractor or a subcontractor under an original contractor, is entitled to a lien upon all the property upon which …

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…

Repealed by omission from this code.

In this chapter, unless the context or subject matter otherwise requires: 1. "Contract" means any agreement for improving real property, written or unwritten, express or implied. 2. "Improve" means to build, erect, place, make, alter, remove, repair, or demolish any improvement u…

1. Any person that improves real estate under a contract with the owner of the real estate or under contract with any agent, trustee, contractor, or subcontractor of the owner, has a lien upon the improvement and upon the land on which the improvement is situated or to which the …

1. As against the legal and equitable owner, subject to section 35-27-02, such liens attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement. 2. A lien may not attach against a person that acquir…

As against a mortgage given in good faith for the purpose of providing funds for the payment of materials or labor for the improvement, a lien may not be preferred even though such mortgage is recorded after the time the first item of material or labor is furnished upon the premi…

Repealed by S.L. 2009, ch. 293, § 16.

If the contribution is made under a contract with the owner and for an agreed price, the lien as against the owner must be for the sum so agreed upon, otherwise, and in all cases as against others than the owner, it must be for the reasonable value of the work done and of the ski…

1. When land is sold under an executory contract requiring the vendee to improve the land and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor is subject thereto, but the vendor is not personally liable if…

The owner may withhold from the owner's contractor so much of the contract price as may be necessary to meet the demands of all persons, other than such contractor, having a lien upon the premises for labor, skill, or material furnished for the improvement, and for which the cont…

The mingling of charges for materials to be used in the construction, alteration, repair, or improvement of the property of different persons, except in the cases of joint ownership or ownership in common, defeats the right to a lien against either or any of such persons. 35-27-1…

Repealed by S.L. 2009, ch. 293, § 16.

Every person desiring to perfect the person's lien shall record with the recorder of the county in which the property to be charged with the lien is situated, within ninety days after all the person's contribution is done, and having complied with the provisions of this chapter, …

A failure to file within ninety days does not defeat the lien except as against purchasers or encumbrancers in good faith and for value whose rights accrue before the lien is filed, and as against the owner to the extent of the amount paid to a contractor before the recording of …

Repealed by S.L. 1981, ch. 361, § 6.

A lien given by this chapter is not affected by any inaccuracy in the particulars of the lien, but, as against all persons except the owner of the property, the lien claimant must be concluded by the dates therein given, showing the first and last items of the claimant's account.…

If labor is done or materials furnished under a single contract for several buildings, structures, or improvements, the person furnishing the same is entitled to a lien therefor, subject to section 35-27-02, as follows: 1. If the improvements are upon a single farm, tract, or lot…

Every person that furnishes any labor, skill, or material for constructing, altering, or repairing any line of railway, or any improvement or structure appertaining to any line of railway by virtue of any contract with the owner, or the owner's agent, contractor, or subcontractor…

The entire land upon which any building, structure, or other improvement is situated, or to improve which labor is done or materials furnished, including that portion of the land not covered thereby, is subject to all liens created under this chapter to the extent of all the righ…

The taking of collateral or other security for an indebtedness for which a lien might be claimed under the provisions of this chapter in no way impairs the right to the lien unless the security, by express agreement, is given and received in lieu of the lien. 35-27-21. Complete a…

1. Liens perfected under this chapter have priority in the following order: a. For manual labor. b. For materials. c. Subcontractors other than manual laborers. d. Original contractors. 2. Liens for manual labor filed within the ninety-day period must share ratably in the securit…

When the interest owned in land by the owner of the building, structure, or other improvement for which a lien is claimed, is only a leasehold interest, the forfeiture of the lease for nonpayment of rent or for noncompliance with any of the stipulations of the lease does not impa…

Any person having a lien by virtue of this chapter may bring an action to enforce the lien in the district court of the county in which the property is situated. Any number of persons claiming liens against the same property may join in the action and when separate actions are co…

Any owner that successfully contests the validity or accuracy of a construction lien by any action in district court must be awarded the full amount of all costs and reasonable attorney's fees incurred by the owner.

Upon written demand by or on behalf of the owner which has been delivered to the lienor and filed with the county recorder, suit must be commenced and filed and a lis pendens as provided in chapter 28-05 must be recorded within thirty days after the date of delivery of the demand…

Repealed by S.L. 2009, ch. 293, § 16.

Any claim for which a lien may be or has been filed and the right to recover therefor under the provisions of this chapter may be assigned by an instrument in writing. Such assignment vests in the assignee all rights and remedies herein given, subject to all defenses that might h…

The general provisions of this title not in conflict with the provisions of this chapter are applicable to this chapter.