§ 4 — Extent of lien

New York § 4

• Jurisdiction: New York
• Law LIE: Lien
• Art. 2: Mechanics' Liens

Text

§ 4. Extent of lien. (1) Such lien shall extend to the owner's right,\ntitle or interest in the real property and improvements, existing at the\ntime of filing the notice of lien, or thereafter acquired, except as\nhereinafter in this article provided. If an owner assigns his interest\nin such real property by a general assignment for the benefit of\ncreditors, within thirty days prior to such filing, the lien shall\nextend to the interest thus assigned. If any part of the real property\nsubjected to such lien be removed by the owner or by any other person,\nat any time before the discharge thereof, such removal shall not affect\nthe rights of the lienor, either in respect to the remaining real\nproperty, or the part so removed. If labor is performed for, or\nmaterials furnished to, a contractor or subcontractor for an\nimprovement, the lien shall not be for a sum greater than the sum earned\nand unpaid on the contract at the time of filing the notice of lien, and\nany sum subsequently earned thereon. In no case shall the owner be\nliable to pay by reason of all liens created pursuant to this article a\nsum greater than the value or agreed price of the labor and materials\nremaining unpaid, at the time of filing notices of such liens, except as\nhereinafter provided.\n (2) Such lien shall not extend to the owner's right, title or interest\nin real property and improvements, existing at the time of filing the\nnotice of lien if such lien arises from the failure of a lessee of the\nright to explore, develop or produce natural gas or oil, to pay for,\ncompensate or render value for improvements made with the consent or at\nthe request of such lessee by a contractor, subcontractor, materialman,\nequipment operator or owner, landscaper, nurseryman, or person or\ncorporation who performs labor or furnishes materials for the\nexploration, development, or production of oil or natural gas or\notherwise improves such leased property. Such lien shall extend to the\nimprovements made for the exploration, development and production of oil\nand natural gas, and the working interest held by a lessee of the right\nto explore, develop or produce oil and natural gas.\n (3) Notwithstanding subdivision two if a property owner is also a\ndeveloper of oil and gas resources and is a party to an agreement with a\nperson or firm authorized to perfect a lien arising out of the failure\nof such developer to compensate or render value for improvements to the\nproperty upon which an oil or gas well is drilled or established, the\nlien shall extend to the owners' right or interest in such real\nproperty.\n