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South Dakota Laws > Title 44 > Chapter 9 - Mechanics' And Materialmen's Liens

South Dakota Laws > Title 44 > Chapter 9 - Mechanics' And Materialmen's Liens


Current as of: 2010
§ 44-9-1Persons entitled to lien--Property affected--Extent of lien--Exceptions
§ 44-9-2Construction of improvements with knowledge of owner subjects land to lien--Exceptions
§ 44-9-3Vendee authorized to improve land sold under executory contract--Forfeiture or surrender of contract after attachment of liens for improvements--Liability of vendor
§ 44-9-4Improvement not authorized by owner of land--Notice of nonliability
§ 44-9-5Homestead right--Lien does not affect exemption
§ 44-9-6Contribution under contract with owner--Agreed price--Extent of lien
§ 44-9-6.1Interest on amounts secured by liens
§ 44-9-7Attachment and taking effect of lien--Preference over other encumbrances
§ 44-9-8Attachment of lien--Protection of bona fide purchaser, mortgagee, or encumbrancer--Notice of lien for improvements thereafter made
§ 44-9-9Concurrent liens upon mine or mining claim, oil or gas well or spring--Pro rata payment
§ 44-9-10Materials or services furnished to contractor--Lien account and notice of claim furnished to owner--Withholding of payments from contractor to protect lien claimants
§ 44-9-11Lien account and notice of claim--Service on owner of property--Copy furnished to contractor--Assent of contractor to claim--Payment by owner--Deduction from amount due contractor
§ 44-9-12Amount due from contractor to creditor--Recovery from owner
§ 44-9-13Misappropriation of funds by contractor, subcontractor, or supplier--Theft
§ 44-9-14Demand of owner for lien accounts--Service on persons claiming liens--Owner defined
§ 44-9-15Lien ceases without filing of required lien statement--Place of filing of statement
§ 44-9-16Lien statement by lien claimant--Verification--Contents
§ 44-9-17Lien statement by lien claimant--Mailing of copy to property owner condition precedent to filing--Post office receipt attached to statement
§ 44-9-18Lien statement by lien claimant--Duties of register of deeds--Filing in numerical order--Contents of record--Entry upon mortgage or lien index
§ 44-9-19Fees for the filing, indexing or assignment of liens
§ 44-9-20Claims against two or more buildings or improvements--Exception for condominiums--General contract with owner--Election of lien claimant
§ 44-9-21Manner of satisfying liens--Execution and delivery of satisfaction to owner of property--Contents--Acknowledgment--Record of satisfaction--Cancellation of lien
§ 44-9-22Neglect of lien holder to satisfy lien on demand--Damages--Attorney fees--Additional penalty
§ 44-9-23Enforcement of lien--Venue of action--Commencement and conduct of proceedings
§ 44-9-24Time for assertion of lien--Limitation of action to enforce--Persons bound by judgment
§ 44-9-25Parties to action to foreclose lien--Admission of lien holder not named as defendant--Joinder of plaintiffs
§ 44-9-26Forfeiture of lien for failure to commence suit upon demand--Cancellation by register of deeds
§ 44-9-27Action to enforce lien--Commencement--Issuance of summons--Filing of complaint
§ 44-9-28Notice of pendency of action to enforce lien--Necessity for filing--Intervention of other lien claimants
§ 44-9-29Enforcement of lien--Application to make all interested persons parties--Order of court, publication--Rights barred by failure to appear and assert claim
§ 44-9-30Consolidations of actions for foreclosure of liens upon same property--Order of court--Rights of parties protected
§ 44-9-31Pleadings in action to foreclose lien--Bill of particulars to be attached, verification--Further account may be required by court--Pleading stricken and claim disallowed for failure to file particulars
§ 44-9-32Pleadings in action to foreclose lien--Denial of averments of answer
§ 44-9-33Foreclosure of liens--Applicability of laws governing civil procedure--Exception
§ 44-9-34Foreclosure of liens--Appointment of receiver on request of majority of lien holders, parties to action
§ 44-9-35Foreclosure of liens involving public utility--Receivership created instead of directing sale of property
§ 44-9-36Receiver appointed in foreclosure proceeding--Issuance of certificates for charges necessary to protect property as provided in judgment
§ 44-9-37Compensation of receiver fixed by court
§ 44-9-38General power of court to appoint receiver not abridged
§ 44-9-39Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim
§ 44-9-40Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property
§ 44-9-41Foreclosure of lien--Taxation of costs--Sum allowed for preparation and filing of lien statement and account
§ 44-9-42Foreclosure of lien--Allowance of fees and expenses, attorneys, receivers, exception
§ 44-9-43Payment of judgment by lien holder personally indebted for amount of lien--Subrogation to rights of person so paid
§ 44-9-44Judgment of sale to satisfy all liens--Manner of sale--Rights of persons which are paramount to liens--Proceeds of sale, distribution by officer making sale
§ 44-9-45Judgment of sale to satisfy all liens--Right of redemption--Leasehold having not more than two years to run--Interest of vendee under executory contract of sale
§ 44-9-46Sale of improvements to satisfy all liens--Severance and removal from land
§ 44-9-47Judgment and sale to satisfy all liens--Necessity for report to and confirmation by court
§ 44-9-48Judgment and sale to satisfy all liens--Sale not confirmed by court--Resale--Receiver to handle property
§ 44-9-49Failure to comply with chapter does not affect right of person to recover, in civil action, from party with whom he contracted
§ 44-9-50Notice of project commencement--Time of filing--Fees--Register of deeds to maintain index
§ 44-9-51Contractor's name and address and location notice to be posted--Contents of location notice
§ 44-9-52Notice of project commencement does not affect title, liens allowable, or mortgage
§ 44-9-53Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption

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Questions & Answers: Mechanics Liens

What are my writes? Had my van towed. To a auto shop to find out why it did not run. Did not was told why it did not run and how much it would cost to repair. The shop repaired....
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South Dakota Laws: Mechanics Liens

South Dakota Laws > Title 44 > Chapter 9 - Mechanics' And Materialmen's Liens
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