§38-16-305. Immunity From Liability for Failure to Accept Filing or Disclose Common Law Lien
A clerk of the county commission or other person is not liable for the acceptance for filing of an invalid claim of a nonconsensual common law lien, nor for the acceptance for filing of a notice of invalid lien. A clerk of the county commission or other person is not liable for damages arising from […]
§38-16-306. No Duty to Disclose Fraudulent Lien Record; Lien of Purported Court Is a Nullity
(a) An attorney, title insurance company or other title examiner does not have a duty to disclose a fraudulent court record, document, or instrument purporting to create a nonconsensual common law lien asserting a claim on real property or an interest in real property in connection with a sale, conveyance, mortgage, or other transfer of […]
§38-16-102. Court of Competent Jurisdiction Defined
"Court of competent jurisdiction" means a circuit court, magistrate court or administrative agency within this state or a court or administrative agency of another state, or a court or administrative agency of the federal government having jurisdiction and due legal authority to establish a charge against or an interest in real or personal property by […]
§38-16-103. Federal Government Defined
"Federal government" means the government of the United States of America and includes the executive, legislative and judicial branches; and the term also includes quasi-public corporations and independent commissions or authorities primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.
§38-16-104. Federal Official or Employee Defined
"Federal official or employee" means an officer or employee of the federal government temporarily or permanently in the service of the United States, members of the military or naval forces of the United States, members of the National Guard, and persons acting on behalf of the United States in an official capacity, whether with or […]
§38-16-105. Lien Defined
"Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.
§38-16-106. Nonconsensual Common Law Lien Defined
"Nonconsensual common law lien" means a fraudulent lien that is misrepresented as a valid lien because it: (1) Is not provided for by a specific statute;
§38-14-7. Duties; Care, Custody, and Control of Property
(a) The operator shall use reasonable care in maintaining the self-service storage facility for the purposes of storage of personal property. (b) Unless the rental agreement specifically provides otherwise, the exclusive care, custody, and control of all personal property stored in the leased space remains vested in the occupant. (c) An occupant may not use […]
§38-14-8. Savings Clause
All rental agreements entered into prior to July 1, 2019, which have not been extended or renewed after that date remain valid and may be enforced or terminated in accordance with their terms or as permitted by any other statute or law of this state.
§38-14-9. Effective Date and Application of Article
The provisions of this article apply to all rental agreements entered into or extended or renewed after July 1, 2019.