Time of Attachment of Lien

  1. Law
  2. Tennessee Code
  3. Property
  4. Mechanics' and Materialmen's Liens
  5. General Provisions
  6. Time of Attachment of Lien

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  1. The lien provided by this chapter shall attach and take effect from the time of the visible commencement of operations, excluding however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines, or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor.
  2. If there is a cessation of all operations at the site of the improvement for more than ninety (90) days and a subsequent visible resumption of operations, any lien for labor performed or for materials furnished after the visible resumption of operations shall attach and take effect only from the visible resumption of operations.
  3. Nothing in this section shall affect the priority or parity of any liens as established by any section of this chapter.

Code 1932, § 7915; Acts 1977, ch. 424, § 1; T.C.A. (orig. ed.), § 64-1104; Acts 1996, ch. 591, § 1; 2007, ch. 189, § 4; 2013, ch. 469, § 5.

Compiler's Notes. Acts 2013, ch. 469, § 6 provided that the act, which amended this section, shall apply to contracts entered into or renewed on or after July 1, 2013, and to liens filed for construction performed on or after July 1, 2013.

Law Reviews.

Mechanics' Liens in Tennessee — Recent Developments, 6 Mem. St. U.L. Rev. 519 (1976).

1996 Real Estate Legislation: What You Don't Know Can  Hurt You (William R. Bruce), 32 No. 6 Tenn. B.J. 12 (1996).


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