58-201. Liens for materials and services; filing statements with register of deeds, contents.
58-201
58-201. Liens for materials and services; filing statements withregister of deeds, contents.Whenever any person, at or with the owner's request or consent shallperform work, make repairs or improvements or replace, add or install equipmenton any goods, personal property,chattels, horses, mules, wagons, buggies, automobiles, trucks, trailers,locomotives, railroad rolling stock, barges, aircraft, equipment of allkinds, including but not limited to construction equipment, vehicles of allkinds, and farm implements of whatsoever kind, a first and prior lien onsuch personal property is hereby created in favor of such person performingsuch work, making such repairs or improvements or replacing,adding or installing such equipment and such lien shall amountto the full amount and reasonable value of the services performed andshall include the reasonable value of all material used in the performanceof such services and the reasonable value of all equipment replaced,added or installed.
If such property shall come into the lien claimant's possession for thepurpose of having the work, repairs or improvements made or the equipmentreplaced, added or installed thereon, such lienshall be valid as long as the lien claimant retains possession ofthe property, and the claimant of the lien may retain thesame after partingwith the possession of the property by filing within 90 daysin the office of the register of deeds, under oath, a statement of theitems of the account and a description of the property on which the lien isclaimed, with the name of the owner thereof, in the county where the workwas performed and in the county of the residence of the owner, if such isknown to the claimant.
If the lien claimant was never in possession of the property, the lien claimantmay retain the lien by filing, within90 days after the date uponwhich work was last performed, material was last furnishedin performing suchwork or making such repairs or improvements or equipment was lastreplaced, added or installed in the office of the registerof deeds, under oath, a statement of the items of the account and adescription of the property on which the lien is claimed, with the name ofthe owner thereof and the date upon which work was last performed,material was last furnished in performing such work or making such repairs orimprovements or equipment was last replaced, added or installed, in the countywhere the work was performed and in the countyof the residence of the owner, if such is known to the claimant.
As used in this section, "equipment" includes tires and other standardequipment on vehicles.
History: R.S. 1923, 58-201; L. 1947, ch. 313, § 1; L. 1961, ch. 264, § 1;L. 1969, ch. 273, § 1;L. 1986, ch. 206, § 1;L. 1988, ch. 196, § 1; July 1.