429.050. Priority of lien--improvements removed when--exception. - Missouri Statutes

Priority of lien--improvements removed when--exception.

429.050. The lien for the things aforesaid, or work, shallattach to the buildings, erections or improvements for which theywere furnished or the work was done, in preference to any priorlien or encumbrance or mortgage upon the land upon which saidbuildings, erections, improvements or machinery have been erectedor put; and any person enforcing such lien may have suchbuildings, erections or improvements sold under execution, andthe purchaser may remove the same within a reasonable timethereafter; provided, that nothing contained in this sectionshall be so construed as to allow any such sidewalk as ismentioned in sections 429.010 to 429.340 to be so sold underexecution or so removed.

(RSMo 1939 § 3549)

Prior revisions: 1929 § 3159; 1919 § 7219; 1909 § 8215

(1972) This section applies only to new construction and does not apply to improvements or repairs of existing structures thus where prior mortgage was given upon land and an existing structure the mechanic's liens arising incident to improvement or repair of existing structure had no priority over mortgage; but by its actions in inducing lien claimants to furnish material and labor which were the basis of the liens, mortgagee bank waived and was estopped from asserting its priority and mechanic's lien claimants had paramount liens not only on improvements but also on land itself. Trout's Investments, Inc. v. Davis (Mo.), 482 S.W.2d 510.

(1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.