This section is from the book "Manual Of Useful Information", by J. C Thomas. Also available from Amazon: Manual of useful Information.
Any one who, as contractor, sub-contractor or laborer, performs any work, or furnishes any materials, in pursuance of, or in conformity with, any agreement or contract with the owner, lessee, agent or one in possession of the property, toward the erection, altering, improving or repairing of any building, shall have a lien for the value of such labor or materials on the building or land on which it stands to the extent of the right, title and interest of the owner, lessee or person in possession at the time of the claimant's filing his notice with the clerk of the county court. Such lien is called a mechanic's lien.
The notice should be filed within thirty days after completion of the work or the furnishing of the materials, and should state the residence of the claimant, the amount claimed, from whom due, when due, and to whom due, the name of the person against whom claimed, the name of the owner, lessee or person in possession of the premises, with a brief description of the latter.
Liens cease in one year after the filing of the notice, unless an action is begun, or the lien is continued by an order of court.
The following classes of persons are generally entitled to liens: 1. Bailees, who may perform labor and services, on the thing bailed, at the request of the bailor. 2. Innkeepers, upon the baggage of guests they have accommodated. 3. Common carriers, upon goods carried, for the amount of their freight and disbursements. 4. Vendors, on the goods sold for payment of the price where no credit has been expressly promised or implied. 5. Agents, upon goods of their principals, for advancements for the benefit of the latter. 6. All persons are entitled to the right of lien who are compelled by law to receive property and bestow labor or expense on the same.
The right of lien may be waived: 1. By express contract. 2. By neglect. 3. By new agreement. 4. By allowing change of possession. 5. By surrendering possession.
The manner of the enforcement of a lien, whether it be an innkeeper's, agent's, carrier's, factor's, etc., depends wholly upon the nature and character of the lien.
Don't purchase real estate unless the records have been thoroughly searched for all liens known to the law, or until all notices of action against the same have been discharged.
Don't think that you have no right to sell perishable property on which you have a lien. Your lien will attach to the proceeds.
Don't foreclose a lien without proper notice.
Don't make payments to a contractor before you have full knowledge of all liens filed.
Don't forget that liens take precedence according to priority, and that interest always runs on a judgment.
 
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