44-11-1. Mechanics’, laborers’, and materialmen’s liens on personal property–Extent of lien–Abandonment–Application to motor vehicles. If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any […]
44-11-10. Factor–General lien–Dependent on possession. A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal. Source: CivC 1877, §1807; CL 1887, §4442; RCivC 1903, §2154; RC 1919, §1695; SDC 1939, §39.1502.
44-11-11. Banks and savings and loan associations–General lien–Dependent on possession. A bank or savings and loan association has a general lien, dependent on possession, upon all property in its hands belonging to a customer, for the balance due to it from such customer in the course of business. Source: CivC 1877, §1808; CL 1887, §4443; […]
44-11-12. Levy of attachment or execution on personal property–Special lien of officer on property until process is released. An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial […]
44-11-2. Mechanics’, laborers’, and materialmen’s liens on personal property–Priority. Such lien on personal property shall be subject only to liens, mortgages, and conditional sales contracts properly filed on or before the time that the property comes into the possession of the lien claimant. Source: SL 1925, ch 216, §2; SL 1927, ch 160, §2; SDC […]
44-11-3. Mechanics’, laborers’, and materialmen’s liens not affected by loss of possession–Notice of lien to preserve rights, filing with register of deeds–Exceptions. Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred […]
44-11-3.1. Federal filing requirements. If federal law or regulations promulgated thereunder require liens otherwise governed by this chapter to be filed in a place other than the place required by §44-11-3, compliance with such filing requirements under federal law or regulation within the time required by §44-11-3 shall have the same effect as a proper […]
44-11-4. Foreclosure of mechanics’, laborers’, and materialmen’s liens–Action or advertisement. The lien may be foreclosed at any time after sixty days from the date of furnishing the last item. The foreclosure may be conducted according to the provisions of chapter 21-53 or according to the provisions of chapter 21-54, subject to the right of persons […]
44-11-5. Lodging establishment’s lien on baggage of guest–Maximum amount. The keeper of any lodging establishment as defined in chapter 34-18 shall have a lien, dependent upon possession, upon the baggage and other property within such lodging establishment and belonging to a guest, as security for the payment of the reasonable and proper charges due from […]
44-11-6. Detention of property of guest by innkeepers until charges paid–Priority over other liens on property. The innkeeper may detain the property specified in §44-11-5 until the charges are paid. The lien shall have priority over all other liens upon such property. Source: CivC 1877, §1062; CL 1887, §3686; RCivC 1903, §1381; SL 1913, ch […]
44-11-7. Foreclosure of innkeepers’ liens by action or advertisement. Any person having a lien under the provisions of §44-11-5 may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53. Source: […]
44-11-8. Innkeeper defined. The term “innkeeper” as used in §§44-11-5 to 44-11-7, inclusive, shall include the keeper or proprietor of any hotel, rooming house, boardinghouse, restaurant, or tourist pay camp. Source: SDC 1939, §39.1508.
44-11-9. Carriage of personal property–Special lien dependent on possession. Every person who, while lawfully in possession of personal property renders any service to the owner by carriage thereof, has a special lien thereon dependent on possession for the compensation due to him from the owner for such service. Source: CivC 1877, §1806; CL 1887, §4441; […]
