Liens

Lien

A Lien is an encumbrance upon specific property as security for the payment of a debt.

Mechanic and Materialmen’s Lien

Generally, a person furnishing labor, professional services, materials, or equipment for the improvement of real property shall have a lien upon the improvement of the contract price of labor, professional services, materials, or equipment furnished at the insistence of the owner, or the agent or construction agent of the owner.

Chattel Lien

Generally, a person, firm or corporation who shall have performed labor or furnished material in the construction or repair of any chattel at the request of its owner, shall have a lien upon such chattel for such labor performed or material furnished, notwithstanding the fact that such chattel be surrendered to the owner thereof.

Landlord’s Lien

Generally, a landlord shall have a lien for up to two month’s rent (four months if a mobile home) upon personal property which has been used or kept on the rented premises by the tenant, except property of third persons. A landlord’s lien for rent has preference over all other liens except liens for taxes, general and special liens of labor, and liens of mortgages duly recorded prior to the tenancy.

Crop Lien

Under specified circumstances, a landlord, a supplier, and/or a handler may claim a lien on crops.

Lien for Stumpage

Generally, any person who shall permit another to go upon his or her timber land and cut thereon saw logs, spars, piles or other timber, has a lien upon the same for the price agreed to be paid for such privilege, or for the price such privilege would be reasonably worth in case there was no express agreement fixing the price.

Lien on Timber

Generally a person performing work or labor or assisting in manufacturing saw logs and other timber into lumber and shingles, has a lien upon such lumber while the same remains at the mill where it was manufactured, or in the possession or under the control of the manufacturer, whether such work or labor was done at the instance of the owner of such logs or his agent or any contractor or subcontractor of such owner.

Lien of Restaurant, Hotel, Tavern, etc., Employees

Generally, a person performing labor in the operation of any restaurant, hotel, tavern, or other place of business engaged in the selling of prepared foods or drinks, or any hotel service employee, shall have a lien on the earnings and on all the property of his employer used in the operation of said business to the extent of the moneys due him for labor performed within three months next preceding the filing of his claim of lien.

Agister & Trainer Lien

An Agister is a farmer, ranchman, herder of cattle, livery and boarding stable keeper, veterinarian, or other person, to whom horses, mules, cattle, or sheep are entrusted for the purpose of feeding, herding, pasturing, training, caring for, or ranching. Generally, an agister shall have a lien upon the horses, mules, cattle, or sheep, and upon the proceeds or accounts receivable from such animals, for such amount that may be due for the feeding, herding, pasturing, training, caring for, and ranching of the animals, and shall be authorized to retain possession of the horses, mules, cattle, or sheep, until the amount is paid or the lien expires, whichever first occurs.

Lien of Employees for Contributions to Benefit Plans

Generally, an employer who is required to pay contributions, by agreement or otherwise, into a fund of any employee benefit plan in order that his employee may participate therein, shall pay such contributions in the required amounts and at the stipulated time or each employee affected thereby shall have a lien on the earnings and on all property used in the operation of said employer’s business to the extent of the moneys, plus any penalties, due to be paid by or on his behalf in order to qualify him for participation therein, and for any moneys expended or obligations incurred for medical, hospital, or other expenses to which he would have been entitled had such required contributions been paid.

Liens

Liens

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