66-11-112 - Preservation of priority of lien for subsequent purchases or encumbrancers Abandonment Lien on structure with water furnished by well Form for notice of lien. - Tennessee Statutes

66-11-112. Preservation of priority of lien for subsequent purchases or encumbrancers Abandonment Lien on structure with water furnished by well Form for notice of lien.

(a)  In order to preserve the priority of the lien provided by this chapter as of the date of its attachment, as concerns subsequent purchasers or encumbrancers for a valuable consideration without notice of the lien, though not as concerns the owner, the lienor, who has not recorded the lienor's contract pursuant to § 66-11-111, is required to record in the office of the register of deeds of the county where the real property, or any part affected, lies, a sworn statement of the amount for, and a reasonably certain description of the real property on, which the lien is claimed. The recording party shall pay filing fees, and shall be provided a receipt for the filing fees, which amount shall be part of the lien amount. Recordation is required to be done no later than ninety (90) days after the date the improvement is complete or is abandoned, prior to which time the lien shall be effective as against the purchasers or encumbrancers without the recordation. The owner shall serve thirty (30) days' notice on prime contractors and on all of those lienors who have served notice in accordance with § 66-11-145 prior to the owner's transfer of any interest to a subsequent purchaser or encumbrancer for a valuable consideration. If the sworn statement is not recorded within that time, the lien's priority as to subsequent purchases or encumbrancers shall be determined as if it attached as of the time the sworn statement is recorded.

(b)  A building, structure or improvement shall be deemed to have been abandoned for purposes of this chapter when there is a cessation of operation for a period of ninety (90) days and an intent on the part of the owner or prime contractor to cease operations permanently, or at least for an indefinite period.

(c)  Any other provision to the contrary notwithstanding, any lien acquired under contract executed on or after April 17, 1972, by virtue of § 66-11-141, may be filed within ninety (90) days after completion of the structure that is, or is intended to be, furnished water by virtue of drilling a well.

(d)  The statement provided for in subsection (a) may be in substantially the following form:

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[Code 1932, § 7919; Acts 1972, ch. 747, §§ 1, 3; 1977, ch. 373, § 1; T.C.A. (orig. ed.), § 64-1112; Acts 1990, ch. 854, § 3; 2007, ch. 189, § 12.]