Legislation
SECTION 4
Extent of lien
Lien (LIE) CHAPTER 33, ARTICLE 2
§ 4. Extent of lien. (1) Such lien shall extend to the owner's right,
title or interest in the real property and improvements, existing at the
time of filing the notice of lien, or thereafter acquired, except as
hereinafter in this article provided. If an owner assigns his interest
in such real property by a general assignment for the benefit of
creditors, within thirty days prior to such filing, the lien shall
extend to the interest thus assigned. If any part of the real property
subjected to such lien be removed by the owner or by any other person,
at any time before the discharge thereof, such removal shall not affect
the rights of the lienor, either in respect to the remaining real
property, or the part so removed. If labor is performed for, or
materials furnished to, a contractor or subcontractor for an
improvement, the lien shall not be for a sum greater than the sum earned
and unpaid on the contract at the time of filing the notice of lien, and
any sum subsequently earned thereon. In no case shall the owner be
liable to pay by reason of all liens created pursuant to this article a
sum greater than the value or agreed price of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
(2) Such lien shall not extend to the owner's right, title or interest
in real property and improvements, existing at the time of filing the
notice of lien if such lien arises from the failure of a lessee of the
right to explore, develop or produce natural gas or oil, to pay for,
compensate or render value for improvements made with the consent or at
the request of such lessee by a contractor, subcontractor, materialman,
equipment operator or owner, landscaper, nurseryman, or person or
corporation who performs labor or furnishes materials for the
exploration, development, or production of oil or natural gas or
otherwise improves such leased property. Such lien shall extend to the
improvements made for the exploration, development and production of oil
and natural gas, and the working interest held by a lessee of the right
to explore, develop or produce oil and natural gas.
(3) Notwithstanding subdivision two if a property owner is also a
developer of oil and gas resources and is a party to an agreement with a
person or firm authorized to perfect a lien arising out of the failure
of such developer to compensate or render value for improvements to the
property upon which an oil or gas well is drilled or established, the
lien shall extend to the owners' right or interest in such real
property.
title or interest in the real property and improvements, existing at the
time of filing the notice of lien, or thereafter acquired, except as
hereinafter in this article provided. If an owner assigns his interest
in such real property by a general assignment for the benefit of
creditors, within thirty days prior to such filing, the lien shall
extend to the interest thus assigned. If any part of the real property
subjected to such lien be removed by the owner or by any other person,
at any time before the discharge thereof, such removal shall not affect
the rights of the lienor, either in respect to the remaining real
property, or the part so removed. If labor is performed for, or
materials furnished to, a contractor or subcontractor for an
improvement, the lien shall not be for a sum greater than the sum earned
and unpaid on the contract at the time of filing the notice of lien, and
any sum subsequently earned thereon. In no case shall the owner be
liable to pay by reason of all liens created pursuant to this article a
sum greater than the value or agreed price of the labor and materials
remaining unpaid, at the time of filing notices of such liens, except as
hereinafter provided.
(2) Such lien shall not extend to the owner's right, title or interest
in real property and improvements, existing at the time of filing the
notice of lien if such lien arises from the failure of a lessee of the
right to explore, develop or produce natural gas or oil, to pay for,
compensate or render value for improvements made with the consent or at
the request of such lessee by a contractor, subcontractor, materialman,
equipment operator or owner, landscaper, nurseryman, or person or
corporation who performs labor or furnishes materials for the
exploration, development, or production of oil or natural gas or
otherwise improves such leased property. Such lien shall extend to the
improvements made for the exploration, development and production of oil
and natural gas, and the working interest held by a lessee of the right
to explore, develop or produce oil and natural gas.
(3) Notwithstanding subdivision two if a property owner is also a
developer of oil and gas resources and is a party to an agreement with a
person or firm authorized to perfect a lien arising out of the failure
of such developer to compensate or render value for improvements to the
property upon which an oil or gas well is drilled or established, the
lien shall extend to the owners' right or interest in such real
property.