TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 5

LIENS OF MECHANICS AND MATERIALMEN

45-506.  Liens preferred claims. The liens provided for in this chapter shall be on equal footing with those liens within the same class of liens, without reference to the date of the filing of the lien claim or claims and are preferred to any lien, mortgage or other encumbrance, which may have attached subsequent to the time when the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished; also to any lien, mortgage, or other encumbrance of which the lienholder had no notice, and which was unrecorded at the time the building, improvement or structure was commenced, work done, equipment, materials or fixtures were rented or leased, or materials or professional services were commenced to be furnished.

History:

[(45-506) 1893, p. 49, ch. 1, sec. 5; reen. 1899, p. 147, ch. 1, sec. 5; reen. R.C. & C.L., sec. 5114; C.S., sec. 7345; I.C.A., sec. 44-506; am. 1971, ch. 91, sec. 4, p. 196; am. 2001, ch. 152, sec. 4, p. 552.]