§ 38-22-103 — Attaching of lien - enforcement

(1) The liens granted by this
article shall extend to and cover so much of the lands whereon such building,
structure, or improvement is made as may be necessary for the convenient use and
occupation of such building, structure, or improvement, and the same shall be
subject to such liens. In case any such building occupies two or more lots or other
subdivisions of land, such several lots or other subdivisions shall be deemed one lot
for the purposes of this article, and the same rule shall hold in cases of any other
such improvements that are practically indivisible, and shall attach to all machinery
and other fixtures used in connection with any such lands, buildings, mills,
structures, or improvements.

(2) When the lien is for work done or labor or material furnished for any
entire structure, erection, or improvement, such lien shall attach to such building,
erection, or improvement for or upon which the work was done, or laborers or
materials furnished in preference to any prior lien or encumbrance, or mortgage
upon the land upon which the same is erected or put, and any person enforcing
such lien may have such building, erection, or improvement sold under execution
and the purchaser at any such sale may remove the same within thirty days after
such sale.

(3) Any lien provided for by this article shall extend to and embrace any
additional or greater interest in any of such property acquired by such owner at any
time subsequent to the making of the contract or the commencement of the work
upon such structure and before the establishment of such lien by process of law,
and shall extend to any assignable, transferable, or conveyable interest of such
owner or reputed owner in the land upon which such building, structure, or other
improvement is erected or placed.

(4) Whenever any person furnishes any laborers or materials or performs any
labor, for the erection, construction, addition to, alteration, or repair of two or more
buildings, structures, or other improvements, when they are built and constructed
by the same person and under the same contract, it is lawful for the person so
furnishing such laborers or materials or performing such labor to divide and
apportion the same among the buildings, structures, or other improvements in
proportion to the value of the laborers or materials furnished for and the labor
performed upon or for each of said buildings, structures, or other improvements and
to file with his or her lien claim therefor a statement of the amount so apportioned
to each building, structure, or other improvement. This lien claim when so filed may
be enforced under the provisions of this article in the same manner as if said
laborers or materials had been furnished and labor performed for each of said
buildings, structures, or other improvements separately; but if the cost or value of
such labor, laborers, or materials cannot be readily and definitely divided and
apportioned among the several buildings, structures, or other improvements, then
one lien claim may be made, established, and enforced against all such buildings,
structures, or other improvements, together with the ground upon which the same
may be situated, and in such case for the purposes of this article, all such buildings,
structures, and improvements shall be deemed one building, structure, or
improvement, and the land on which the same are situated as one tract of land.

Legislative History

Source: L. 1899: p. 265, � 3. R.S. 08: � 4027. C.L. � 6444. CSA: C. 101, � 17. CRS 53: � 86-3-3. C.R.S. 1963: � 86-3-3. L. 2000: (2) and (4) amended, p. 206, � 3, effective August 2.