§ 10 §3263 — Petition for release

Any owner of a building, wharf, pier or real estate upon which a lien is claimed may petition in writing the judge or justice of the court in which the lien action is filed setting forth the name of the lienor, the court and county or division in which the action is pending, the fact that a lien is claimed under sections 3251 to 3254, the particular building, wharf, pier or real estate, and the owner's interests in the building, wharf, pier or real estate, its value and the owner's desire to have it released from the lien. The judge or justice shall issue a written notice, which must be served on the lienor or the lienor's attorney 10 days at least prior to the time fixed in the notice for a hearing. At the hearing, the judge or justice may order the owner to give bond to the lienor in an amount and with sureties as the judge or justice may approve, conditioned to pay the amount for which the lienor may be entitled to a lien as determined by the court, with the lienor's costs in the action, within 30 days after final decree or judgment. The clerk shall give the plaintiff an attested copy of the complaint and proceedings, with a certificate under seal of the court attached to the copy of the complaint and proceedings, that the bond has been duly filed in the clerk's office. The record of the copy and certificate in the registry of deeds, in the county or district where the real estate or interest in the real estate lies, vacates the lien.

Legislative History

PL 1981, c. 585, §7 (AMD). PL 2025, c. 390, Pt. A, §19 (AMD).