§ 38-10-101 Definitions
§ 38-10-102 Those entitled to lien — What may be attached — Qualifying work, materials, equipment, and costs — Liability of nonoperating owners
§ 38-10-102.1 Perfection of lien — Notice of subcontractor’s claim — Information required to be provided — Payments to be held in trust
§ 38-10-103 Nonimpairment of lien attached to estate less than fee or to equitable or legal contingent interest
§ 38-10-104 Limitation of interests covered by lien
§ 38-10-105 Notice of lien — Recording — Service on owner of interest — Failure to serve notice — Time of filing
§ 38-10-106 Enforcement — Time for — Lis pendens — Action for debt not affected — Execution on an interest
§ 38-10-107 Lien priority — Proration of proceeds upon sale
§ 38-10-108 Limitation upon owner’s liability
§ 38-10-109 Limitation on liability for other owners in production unit if notice provided — Contents of notice — Filing of notice — Time for filing — Failure to file does not affect other defenses
§ 38-10-110 Cancellation of lien
§ 38-10-111 Abuse of lien right — Penalty
§ 38-10-112 Assignment of lien
§ 38-10-113 Satisfaction of lien upon filing corporate surety bond or letter of credit — Payment to lien claimant upon entry of judgment — Filing — Commencement time for action upon bond or undertaking
§ 38-10-114 Attorney fees
§ 38-10-115 Prohibition against removal of property covered by lien — Penalty

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Terms Used In Utah Code > Title 38 > Chapter 10 - Oil, Gas, and Mining Liens

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • community reinvestment agency: means a separate body corporate and politic, created under Section 17C-1-201. See Utah Code 17C-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person who, under contract with the owner or an operator designated by an owner, performs work upon or furnishes materials or equipment for any production unit. See Utah Code 38-10-101
  • County legislative body: means :Utah Code 68-3-12.5
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien claimant: means contractors and subcontractors who claim a lien under this chapter. See Utah Code 38-10-101
  • Metro township: means :
    (a) a metro township for which the electors at an election under Section 10-2a-404 chose a metro township that is included in a municipal services district; or
    (b) a metro township that subsequently joins a municipal services district. See Utah Code 17B-2a-1102
  • Mine: means a mining claim, mineral deposit, ore deposit, quarry, or mining lease and any related shaft, tunnel, incline, drift, or excavation. See Utah Code 38-10-101
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Municipal services: means one or more of the services identified in Section 17-34-1, 17-36-3, or 17B-1-202. See Utah Code 17B-2a-1102
  • Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • Owner: means a person holding any operating right, working interest, or interest in the legal or equitable title, to any real property, mine, oil lease, gas lease, well, or any combination of these, unless otherwise provided in this chapter. See Utah Code 38-10-101
  • Person: means :Utah Code 68-3-12.5
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Political subdivision: means a county, city, town, metro township, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Production unit: means :
    (a) the drilling unit for a well established by lawful order or rule of the Board of Oil, Gas, and Mining in which the well is located; or if not applicable, 40 acres comprising the quarter-quarter section, or equivalent legal subdivision, in which the well is located; or
    (b) a mine, and if work is performed upon or materials or equipment furnished to any part of the mine from which two or more mines are worked, the production unit shall extend to the owner's interest in the mines so worked. See Utah Code 38-10-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Road: includes :Utah Code 68-3-12.5
  • Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) 1;
    (B) 2;
    (C) 3;
    (D) 4;
    (E) 5;
    (F) 6;
    (G) 7;
    (H) 8;
    (I) 9;
    (J) 10; or
    (K) 11. See Utah Code 17B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Subcontractor: means any person, other than the contractor, who, under contract with a contractor or another subcontractor, performs work upon or furnishes materials or equipment for any production unit. See Utah Code 38-10-101
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trustee: A person or institution holding and administering property in trust.
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
  • Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Writing: includes :Utah Code 68-3-12.5