52-201. Creation of lien; retention of property authorized.
(1) Any person who makes, alters, repairs, or in any way enhances the value of any vehicle, automobile, machinery, farm implement, or tool or shoes a horse or mule at the request of or with the consent of the owner or owners thereof shall have a lien on such vehicle, automobile, machinery, farm implement, tool, horse, or mule while in such person's possession for the reasonable or agreed charges for the work done or material furnished and shall have the right to retain such property until such charges are paid.
(2) Any person who exercises the right to retain such property shall not assess any additional fee beyond the reasonable or agreed charges for the work done or material furnished unless the person first sends, by certified mail, (a) a notice of possession of such property, intent to assess an additional reasonable fee beginning with the date that the notice is sent, and the amount or rate of the additional reasonable fee to the owner or owners for whom the work was performed and (b) a copy of such notice to any lienholder noted on the certificate of title if applicable.
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Annotations
Provision in lease-purchase agreement that lessee shall furnish maintenance and repair does not constitute consent of lessor-owner to repair ordered by lessee so as to subject vehicle to lien. Gibreal Auto Sales, Inc. v. Missouri Valley Machinery Co., 186 Neb. 763, 186 N.W.2d 719 (1971).
Repairer of automobile has no possessory lien as against unpaid vendor of conditional sales contract whose lien is shown on certificate of title. Allied Inv. Co. v. Shaneyfelt, 161 Neb. 840, 74 N.W.2d 723 (1956).
Any person who repairs or enhances value of an automobile at request of or with the consent of the owner has an artisan's lien. Hickman-Williams Agency v. Haney, 152 Neb. 219, 40 N.W.2d 813 (1950).
Artisan's lien for repair of automobile is superior to chattel mortgage not recorded in the county, and of which the artisan had no knowledge. National Bond & Investment Co. v. Haas, 124 Neb. 631, 247 N.W. 563 (1933).
Repairer of automobile, sold under conditional sale contract, had no possessory lien hereunder as against unpaid conditional vendor, in absence of showing that repairs were made at request of or with consent of conditional vendor or his assignee. General Motors Acceptance Corp. v. Sutherland, 122 Neb. 720, 241 N.W. 281 (1932).
In a replevin action, where the defendant's right of possession therein is created by virtue of a lien of truck repairs, the value of the right of possession and not the value of the truck is the measure of defendant's damage for failure to return truck. Jackson v. Arndt-Snyder Motor Co., 122 Neb. 276, 240 N.W. 279 (1932).
Where distributor of motor vehicles put a body and cab upon truck chassis, and still had possession at time of commencing of action of replevin, distributor was entitled to lien as against manufacturer. Fulton Motor Truck Co. v. Gordon Fire-Proof Warehouse & Van Co., 105 Neb. 515, 181 N.W. 162 (1920).