Any person entitled to a lien under this chapter shall make a verified account in writing of the items of labor and material furnished and, within sixty days from the time of completing the labor or furnishing the last item of materials, shall file the account in the office of the clerk of the district court of the county where the lode, lead, ledge, mine, deposit, bank, or tunnel for which labor or material is furnished is situated. The person shall file, with the account, a correct description of the property to be charged with the lien. The account and description must be    recorded in a separate record and filing system to be provided for that purpose by the clerk of court. Thereupon the account will operate as a lien on the property charged in the description from the time of the completion of the work or furnishing the last item of material, and for one year thereafter. When labor or materials have been furnished under a written contract, the contract or a copy thereof must be filed with the account and description. All lien claims for labor or materials furnished must be concurrent liens upon the property charged and must be paid pro rata out of the proceeds arising from the sale of the property, if sold, or upon settlement without sale.

Terms Used In North Dakota Code 35-15-05

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33