TITLE 45

LIENS, MORTGAGES AND PLEDGES

CHAPTER 5

LIENS OF MECHANICS AND MATERIALMEN

45-505.  Land subject to lien. The land upon which or in connection with which any professional services are performed or any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if, at the commencement of the furnishing of professional services or other work, the furnishing of the material, or the renting, leasing or otherwise supplying of equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, for the same, the land belonged to the person who caused said professional services to be performed or said building, improvement or structure to be constructed, altered or repaired, or such person was acting as the agent of the owner, but if such person owns less than a fee simple estate in such land, then only the interest of the person or persons causing the services or improvement therein is subject to such lien.

History:

[(45-505) 1893, p. 49, ch. 1, sec. 4; reen. 1899, p. 147, ch. 1, sec. 4; reen. R.C. & C.L., sec. 5113, C.S., sec. 7344; I.C.A., sec. 44-505; am. 1971, ch. 91, sec. 3, p. 196; am. 2001, ch. 152, sec. 3, p. 551.]