US Laws, Codes, Statutes & Cases

     514.05 When lien attaches; notice. 

    Subdivision 1.    Generally.  All liens, as against the 
 owner of the land, shall attach and take effect from the time 
 the first item of material or labor is furnished upon the 
 premises for the beginning of the improvement, and shall be 
 preferred to any mortgage or other encumbrance not then of 
 record, unless the lienholder had actual notice thereof.  As 
 against a bona fide purchaser, mortgagee, or encumbrancer 
 without actual or record notice, no lien shall attach prior to 
 the actual and visible beginning of the improvement on the 
 ground, but a person having a contract for the furnishing of 
 labor, skill, material, or machinery for the improvement, may 
 file for record with the county recorder of the county within 
 which the premises are situated, or, if claimed under section 
 514.04, with the secretary of state, a brief statement of the 
 nature of the contract, which statement shall be notice of that 
 person's lien only.  

    Subd. 2.    Exception.  Visible staking, engineering, 
 land surveying, and soil testing services do not constitute the 
 actual and visible beginning of the improvement on the ground 
 referred to in this section.  This subdivision does not affect 
 the validity of the liens of a person or the notice provision 
 provided in this chapter and affects only the determination of 
 when the actual and visible beginning of the improvement on the 
 ground, as the term is used in subdivision 1, has commenced. 

    HIST: (8494) RL s 3508; 1973 c 247 s 4; 1974 c 381 s 2; 1976 c 
 181 s 2; 1986 c 444; 1987 c 95 s 1 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.