71-3-1009. Liability fixed
71-3-1009. Liability fixed. This part may not be construed to fix a greater liability against the owner of the land or leasehold interest in the land than the price or sum stipulated by the owner to be paid for the materials or services furnished or labor performed. However, the risk of all payments made to the […]
71-3-1010. Removal of property covered by lien prohibited — effect of wrongful removal
71-3-1010. Removal of property covered by lien prohibited — effect of wrongful removal. (1) When any lien provided for by this part shall have attached to the property covered thereby, it shall be unlawful for any person to remove such property or any part thereof or cause the same to be removed from the land or […]
71-3-1011. Notice to purchaser of oil and gas
71-3-1011. Notice to purchaser of oil and gas. (1) Any lien claimed under this part that extends to oil or gas or the proceeds of the sale of oil or gas is subject to the provisions of Title 71, chapter 3, part 16, and must meet the requirements of subsection (2) before taking effect. (2) (a) Written notice […]
71-3-1012. Effect on interest which is less than fee interest
71-3-1012. Effect on interest which is less than fee interest. If a lien provided for in this part attaches to an estate less than the fee, forfeiture of such estate shall not impair any lien as to material, appurtenances, and fixtures located thereon and to which said lien has attached prior to forfeiture. If a lien […]
71-3-906. Parties
71-3-906. Parties. All persons interested in the matter in controversy or the property to be charged with the lien or having liens thereon shall be made parties to an action for the foreclosure thereof. History: En. Sec. 8, Ch. 205, L. 1953; R.C.M. 1947, 45-1408.
71-3-907. Limitations of actions
71-3-907. Limitations of actions. All actions for the foreclosure and enforcement of the lien herein provided for must be commenced within 1 year from the day of the filing of the lien. History: En. Sec. 5, Ch. 205, L. 1953; R.C.M. 1947, 45-1405.
71-3-908. Acknowledgment of satisfaction and discharge of lien — penalty
71-3-908. Acknowledgment of satisfaction and discharge of lien — penalty. (1) Whenever the indebtedness that is a lien upon any grain or crops is paid and satisfied, it is the duty of the lienor to acknowledge satisfaction of the lien and to discharge the lien of record. If any lienor fails to acknowledge satisfaction and discharge […]
71-3-909. Rules of practice
71-3-909. Rules of practice. (1) Except as otherwise provided, the provisions of Title 25 are applicable to and constitute the rules of practice for the enforcement and foreclosure of the lien herein provided for. (2) The provisions of Title 25 relative to new trials and appeals, except insofar as they are inconsistent with the provisions of this […]
71-3-1001. Definitions
71-3-1001. Definitions. As used in this part, the following definitions apply: (1) ”Furnish” means sell or rent. (2) ”Material” means material, fuel, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies but does not include drilling rigs or hoists or their integral component parts except wire lines. (3) ”Owner” includes a person holding any interest in the legal or […]
71-3-901. Who may have lien — amount
71-3-901. Who may have lien — amount. A person, firm, corporation, or partnership that under contract, express or implied, performs labor or services or furnishes material in crop dusting or spraying grains or crops, whether by aerial or ground application, for the purpose of fertilization or weed, disease, or insect control for promoting the growth of […]