In every case in which one claim is filed against two or more buildings, mining claims or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such buildings, mining claims or other improvements, otherwise the lien of such claim is postponed to other liens. The lien of such claimant does not extend beyond the amount designated as against other creditors having liens, by judgment, mortgage or otherwise, upon either of such buildings or other improvements, or upon the land upon which the same are situated.
History: Laws 1880, ch. 16, § 7; C.L. 1884, § 1525; C.L. 1897, § 2222; Code 1915, § 3324; C.S. 1929, § 82-207; 1941 Comp., § 63-207; 1953 Comp., § 61-2-7.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Lien postponed, not voided. — Failure to segregate amounts due on each of the buildings does not render lien void, but does postpone such unsegregated liens to other liens. Post v. Fleming, 1900-NMSC-033, 10 N.M. 476, 62 P. 1087.
Claims against two or more buildings. — Omission of the amount claimed to be due on each of two buildings does not affect the validity of the lien, but simply affects its priority. Allsop Lumber Co. v. Cont'l Cas. Co., 1963-NMSC-182, 73 N.M. 64, 385 P.2d 625.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 170, 209, 242, 243, 249, 415 et seq., 430 et seq.
Mechanic's lien for work on or material for separate buildings of one owner, 15 A.L.R.3d 73.
Enforceability of single mechanic's lien upon several parcels against less than the entire property liened, 68 A.L.R.3d 1300.
56 C.J.S. Mechanics' Liens §§ 136, 137, 148 to 152, 161, 162, 185 to 188, 193, 194, 196, 216.