§ 35-27-03 — When lien attaches

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.