2006 Code of Virginia § 43-20 - Extent of lien where owner has less than fee in land

43-20. Extent of lien where owner has less than fee in land.

Subject to the provisions of 43-3, if the person who shall cause a buildingor structure to be erected or repaired owns less than a fee simple estate inthe land, then only his interest therein shall be subject to liens createdunder this chapter. When the vendee under a contract for the sale of realestate causes a building or structure to be erected or repaired on the landwhich is the subject of the contract and the owner has actual knowledge ofsuch erection or repairs, the interest of the owner in the land shall besubject to liens created under this chapter; and for the purposes of 43-21,the interest of such an owner in the land, to the extent of the unpaidpurchase price, shall be deemed to be a recorded purchase money deed of trustlien created at the time the contract of sale was fully executed. As used inthis section, "a contract for the sale of real estate" shall not include alease of real estate containing an option to purchase the leased real estateor an option to purchase real estate unless the option is enforceable againstthe optionee.

(Code 1919, 6436; 1924, p. 413; 1968, c. 568; 1980, c. 574.)