North Dakota § 35-27-03 When lien attaches

North Dakota Statutes

§ 35-27-03 — When lien attaches

North Dakota § 35-27-03

Title 35Liens

Ch. 35-27Construction Lien

This text of North Dakota § 35-27-03 (When lien attaches) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 35-27-03 (2026).

Text

1.As against the legal and equitable owner, subject to section 35-27-02, such liens attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement.

2.A lien may not attach against a person that acquires an interest in real estate, in good faith, without actual or constructive notice of the claimant's rights, before the actual and visible beginning of the improvement on the subject property.

3.Except as provided in section 35-27-04, all liens under this chapter are preferred to any unrecorded mortgage or other encumbrance unless the lienholder had actual notice of the unrecorded interest.

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1. As against the legal and equitable owner, subject to section 35-27-02, such liens
attach and take effect from the time the first item of material or labor is furnished upon
the premises for the beginning of the improvement.
2. A lien may not attach against a person that acquires an interest in real estate, in good
faith, without actual or constructive notice of the claimant's rights, before the actual
and visible beginning of the improvement on the subject property.
3. Except as provided in section 35-27-04, all liens under this chapter are preferred to
any unrecorded mortgage or other encumbrance unless the lienholder had actual
notice of the unrecorded interest.