Title 42, Title 42 — Liens

A notice of ten (10) days shall be given to the railroad of the existence of a claim or the intended lien which is contemplated under this article. R.L. 1910, § 3871.

Where one has a lien upon several things, and other persons have subordinate liens upon or interests in, some but not all of the same things, the person having the prior lien, if he can do so without the risk of loss to himself, or injustice to other persons, must resort to the p…

All claims for liens and rights of action to recover therefor hereunder shall be assignable so as to vest in the assignee all rights and remedies herein given, subject to all defenses thereto that might be made if such assignment had not been made. Where a statement has been file…

pleading and proceeding - Amendment of lien statement. Any lien provided for by this chapter may be enforced by civil action in the district court of the county in which the land is situated, and such action shall be brought within one (1) year from the time of the filing of said…

In such actions all persons whose liens are filed as herein provided shall be made parties, and issues shall be made and trials had as in other cases. Where such action is brought by a subcontractor, or other person not the original contractor, such original contractor shall be m…

If several actions brought to enforce the liens herein provided for are pending at the time, the court may order them to be consolidated; and in any action brought to enforce a lien, if the building or other improvement is still in course of construction, the court, on applicatio…

In all cases where judgment may be rendered in favor of any person or persons to enforce a lien under the provisions of this chapter, the real estate or other property shall be ordered to be sold as in other cases of sales of real estate, such sales to be without prejudice to the…

In an action brought to enforce any lien the party for whom judgment is rendered shall be entitled to recover a reasonable attorney's fee, to be fixed by the court, which shall be taxed as costs in the action. R.L. 1910, § 3877.

on docket. If any lien shall be filed under the provisions of this chapter, and no action to foreclose such lien shall have been commenced, the owner of the land may file his petition in the district court of the county in which said land is situated, making said lien claimants d…

If the proceeds of the sale be insufficient to pay all the claimants, then the court shall order them to be paid in proportion to the amount due each. R.L. 1910, § 3879.

refusal - Rule of construction. Every person having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed. B. Neither this section nor any existing or future order or…

A. Unless the owner of the real property on which a manufactured home is located has a possessory lien with priority over a creditor having a perfected security interest or a lien recorded on the document of title issued on the manufactured home, it shall be unlawful for the owne…

One who has a lien, inferior to another upon the same property, has a right: 1. To redeem the property in the same manner as its owner might, from the superior lien; and, 2. To be subrogated to all the benefits of the superior lien when necessary for the protection of his interes…

Sections 1 through 9 of this act shall be known and may be cited as the "Self-Service Storage Facility Lien Act". Added by Laws 1998, c. 306, § 1, eff. Nov. 1, 1998.

As used in the Self-Service Storage Facility Lien Act, unless the context otherwise requires: 1. "Default" means the failure by the occupant to perform in a timely manner any obligation or duty set forth in this act or the rental agreement; 2. "Last-known address" means that addr…

If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of Article 7 of Title 12A of the Oklahoma Statutes, and the provisions of this act are not applicable. A…

A. The duty of care an owner must exercise with respect to personal property located in a self-service storage facility is ordinary care only. B. Each owner of a self-service storage facility shall provide a disclosure in the rental agreement, in conspicuous terms and in a conspi…

damage to property. A. An owner shall have the right to take such action as may be required to prevent an occupant who has committed an act of default pursuant to the rental agreement from gaining access to the self- service storage facility or any specific location at which pers…

lienholders. A. Where a rental agreement, as defined in Section 192 of this title, is entered into between the owner and the occupant, the owner of a self-service storage facility and his heirs, executors, administrators, successors, and assigns have a lien upon all personal prop…

A. An owner's lien as provided for a claim which has become due may be satisfied as provided by this section. The possessory lien authorized by this section shall be prior to any previously perfected security interest in the personal property pursuant to Section 1-9-333 of Title …

Notice. A. If the occupant abandons or surrenders possession of the self-service storage facility and leaves household goods, furnishings, fixtures, or any other personal property in the self- service storage facility, the owner may take possession of the property, and if, in the…

No occupant shall use a self-service storage facility for residential purposes. Added by Laws 1998, c. 306, § 8, eff. Nov. 1, 1998.

Nothing in this act shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law in equity, or by any statute of this state. Added by…

Liens are either general or special. R.L. 1910, § 3823.

Redemption from a lien is made by performing, or offering to perform, the act for the performance of which it is a security, and paying, or offering to pay, the damages, if any, to which the holder of the lien is entitled for delay. R.L. 1910, § 3841.

The Oklahoma Real Estate Commission shall cause the "Self- Service Storage Facility Lien Act" to be reproduced in a publication together with other statutes of the State of Oklahoma as are ordinarily reproduced by the Commission for distribution to the public. Added by Laws 1998,…

This act shall be known and may be cited as the “Commercial Real Estate Broker Lien Act”. Added by Laws 2006, c. 166, § 1, eff. Nov. 1, 2006.

As used in this act: 1. “Commercial real estate” means any real estate other than: a. real estate containing one to four residential units, or b. real estate on which no buildings or structures are located and which is zoned for single-family residential use. Commercial real esta…

A. A real estate broker shall have a lien, upon commercial real estate or any interest in that commercial real estate which is the subject of a purchase, lease or other conveyance to a buyer or tenant of an interest in the commercial real estate, in the amount that the broker is …

The broker shall, within ten (10) days of recording its notice of lien, either mail a copy of the notice of lien to the owner of record on the commercial real estate by registered or certified mail at the address of the owner stated in the written instrument on which the claim fo…

A. A broker claiming a lien under this act shall, within two (2) years after recording the notice of lien, bring suit to enforce the lien in the district court in the county where the property is located. Failure to commence proceedings as required herein within two (2) years aft…

The notice of lien shall state the name of the claimant, the name of the owner, a description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the license number of the real estate broker. The notice of lien shall recite that the…

enforce lien - Alternate dispute resolution - Attorneys' fees, costs and interest. A. Whenever a notice of lien has been filed with the county clerk and a condition occurs that would preclude the broker from receiving compensation under the terms of the written agreement on which…

Prior valid recorded liens, mortgages, and other encumbrances shall have priority over a broker’s lien. Such prior recorded liens, mortgages, and encumbrances shall include, without limitation: 1. A valid mechanic’s lien claim that is recorded after the broker’s notice of lien bu…

Except as otherwise provided in this section, whenever a claim for lien has been filed with the county clerk, and an escrow account has been established either from the proceeds from the transaction or any other source of funds in an amount equal to one hundred twenty-five percen…

A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation. R.L. 1910, § 3842.

The sale of any property on which there is a lien, in satisfaction of the claim secured thereby, or, in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon. R.L. 1910, § 3843.

A lien is extinguished by the mere lapse of the time within which, under the provisions of civil procedure, an action can be brought upon the principal obligation. R.L. 1910, § 3844.

The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible. R.L. 1910, § 3845.

The voluntary restoration of property to its owner, by the holder of a lien thereon, dependent upon possession, extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner…

One who sells real property has a special or vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured, otherwise than by the personal obligation of the buyer, subject to the rights of purchasers and encumbrancers, in good faith, w…

Where the buyer of real property gives to the seller a written contract for payment of all or part of the price, an absolute transfer of such contract by the seller, waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to p…

The liens defined in Sections 3847 and 3851 are valid against everyone claiming under the debtor, except a purchaser or encumbrancer in good faith, and for value. R.L. 1910, § 3849.

A general lien is one which the holder thereof is entitled to enforce as a security for the performance of all the obligations, or all of a particular class of obligations, which exist in his favor against the owner of the property. R.L. 1910, § 3824.

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 he may be entitled to recover back in case of a failure of consideration…

A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal. R.L. 1910, § 3853.

A banker has a general lien, dependent on possession, upon all property in his hands belonging to a customer, for the balance due to him from such customer in the course of the business. R.L. 1910, § 3854.

An officer, who levies an attachment or execution upon personal property, acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had. R.L. 1910, § 38…

Innkeepers, boarding housekeepers, attorneys-at-law and others, have liens which are defined and regulated. R.L. 1910, § 3856.

The lien of a judgment is regulated by civil procedure. R.L. 1910, § 3857.