§ 35-27-21 — Complete and independent building - Lien independent of land - Notice to owner

North Dakota § 35-27-21

• Jurisdiction: North Dakota
• Title 35: Liens
• Ch. 35-27: Construction Lien

Text

owner.
In addition to the lien provided by this chapter, but subject to the conditions of section
35-27-02, when material is furnished or labor performed in the erection or construction of an
original, complete, and independent building, structure, or improvement, whether the same is
placed upon a foundation or not, the lien attaches to the building or improvement in preference
to any prior title, claim, lien, encumbrance, or mortgage upon the land upon which the building,
erection, or improvement is erected. Upon the foreclosure of the lien, the building or
improvement may be sold separately from the land and may be removed from the land within
thirty days after the sale. The sale and removal of a structure or improvement separately from
the land operates as a full satisfaction and discharge of the lien upon the real estate. At the time
the material is furnished for such improvement, the seller shall notify the purchaser by delivering
to the purchaser a written notice stating that the seller claims the right to foreclose the lien under

the laws of the state, and in the event that there is a default in payment for the improvement, to
remove the building from the real estate upon which it is placed regardless of whether or not
said building is placed upon a foundation.