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Subchapter 001: CONTRACTORS' LIENS FOR LABOR OR MATERIAL
§ 1921. Extent of lien; notice
(a) When a contract or agreement is made, whether in writing or not, for erecting, repairing,
moving, or altering improvements to real property or for furnishing labor or material
therefor, the person proceeding in pursuance of such contract or agreement shall have
a lien upon such improvements and the lot of land on which the same stand to secure
the payment of the same.
(b) A person who by virtue of a contract or agreement, either in writing or parol, with
an agent, contractor, or subcontractor of the owner thereof, performs labor or furnishes
materials for erecting, repairing, moving, or altering such improvements shall have
a lien, to secure the payment of the same upon such improvements and the lot of land
upon which the same stand, by giving notice in writing to such owner or his or her
agent having charge of such property that he or she shall claim a lien for labor or
material. The notice shall include the date that payment is due, if known. Such lien
shall extend to the portions of the contract price remaining unpaid at the time such
notice is received.
(c) A lien herein provided for shall not continue in force for more than 180 days from
the time when payment became due for the last of such labor performed or materials
furnished unless a notice of such lien is filed in the office of the town clerk as
hereinafter provided.
(d) A lien under this section shall not take precedence over a deed or other conveyance
to the extent that consideration therefor has been paid in good faith before record
of such lien. Such lien shall not take precedence over a mortgage given by the owner
thereof upon such building, property, or improvements and the lot of land on which
the same stand, as security for the payment of money loaned and to be used by such
owner in payment of the expenses of the same, if such mortgage is recorded before
such lien is filed in the office of the town clerk as hereinafter provided. If such
mortgagee shall receive written notice that any lien hereunder is to be claimed, such
lien shall take precedence over such mortgage as to all advances thereafter made under
such mortgage to such mortgagor, except such advances as the mortgagee may show were
actually expended in completing such improvements to real property.
(e) The lot of land covered by such lien shall be deemed to be all of the land owned or
held by the owner and used or designed for use in connection with such improvements,
but such lien shall not extend to other adjacent lands used for purposes of profit.
(f) A lien under this section may not be waived in advance of the time such labor is performed
or materials are furnished, and any provision calling for such advance waiver shall
not be enforceable. (Amended 1985, No. 128 (Adj. Sess.); 2003, No. 144 (Adj. Sess.), § 1.)
§ 1922. Effect of lien
Unless a person has satisfied or paid the claim upon which such lien is founded after
the person has received written notice of a lien as provided for in subsection 1921(b) of this title, or unless the lien has not been perfected within the time required under section 1924 of this title, such person shall not deed, mortgage, or otherwise convey property that is subject
to a lien as provided herein without disclosing such lien to the vendee or mortgagee
in writing or stating the existence of the same in the instrument conveying or mortgaging
such property. If the person shall fail so to disclose such lien, he or she shall
be liable to the person injured in a civil action on this statute for the damages
so sustained. (Amended 2003, No. 144 (Adj. Sess.), § 2.)
§ 1923. Recording notice of lien
A person claiming a lien under section 1921 of this title shall file for record in the clerk’s office of the town where such real estate is
situated a written memorandum, signed by him or her, asserting his or her claim, which
shall charge such real estate with such lien as of the visible commencement of work
or delivery of material to the extent and subject to the exceptions provided in sections
1921 and 1922 of this title. Several such liens, asserted as aforesaid, shall be paid pro rata, if the sum due
or to become due from the owner thereof is not sufficient to pay the same in full.
§ 1924. Action to enforce lien
Within 180 days from the time of filing such memorandum, if such payment is due at
the time of such filing and within 180 days from the time such payment becomes due,
if not due at the time of such filing, such person may commence his or her action
for the same and cause such real estate or other property to be attached thereon.
If he or she obtains judgment in the action, the record of such judgment shall contain
a brief statement of the contract upon which the same is founded. (Amended 2003, No. 144 (Adj. Sess.), § 3.)
§ 1925. Foreclosure
Within five months after the date of such judgment, the plaintiff may cause a certified
copy of the record thereof to be recorded in the office of the clerk of the town in
which such real estate or other property is situated. Thereupon the same shall be
holden for the amount due upon such judgment, with the costs of such copy and recording
the same, as if it had been mortgaged for the payment thereof, from the time of the
visible commencement of work or delivery of materials, subject, however, to the priorities
provided in section 1921 of this title, and the plaintiff may obtain possession and foreclose the defendant’s equity of
redemption as in case of a mortgage.
§ 1926. Death of landowner; effect on lien
When the owner of real estate dies after a lien has been recorded, or dies pending
an action brought against him or her to enforce a lien on such real estate, the action
or lien shall not abate or be affected by the death of such owner, but the executor
or administrator of the deceased shall be cited in and the action shall proceed to
final judgment against the representative of the deceased defendant. Such real estate
shall be holden for the amount due upon such judgment, with the cost of the copy of
the record of the judgment and recording, as if it had been mortgaged for the payment
of the same, in like manner as if the deceased defendant were alive. Such lien shall
not be enforced to the diminution of a right or interest given by law to the surviving
husband or wife, as the case may be, or to the children of such deceased person.
§ 1927. Application to homestead
The provisions of this subchapter shall apply to property held as a homestead.
§ 1928. Married woman’s property
Under the provisions of this subchapter, the real estate of a married woman may be
charged with a mechanic’s lien when she assents to the contract.
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Subchapter 002: ARTISAN'S LIENS
§ 1951. Artisan’s lien
A person who makes, alters, launders, dry cleans, or repairs an article of personal
property, at the request of the owner, shall have a lien thereon for his or her reasonable
charges and may retain possession of the property until the same are paid.
§ 1952. Enforcement by sale
When the debt secured thereby remains unpaid for three months after such lien attaches,
the person having such lien, except as provided in section 1954 of this title, may sell such property at public auction in the town where such lien accrues. Notice
of the time, place, and purpose of such sale shall be posted in two or more public
places in such town at least 10 days prior thereto, and he or she may apply the proceeds
of such sale to the satisfaction of the debt due him or her and the expenses of such
sale. The surplus remaining shall be paid to the proper owner thereof within 10 days
thereafter, or deposited for his or her benefit in the treasury of the town where
the sale occurs.
§ 1953. Notice of sale
At least 10 days prior thereto, notice in writing of the time and place of such sale
and of the amount claimed to be due shall be given to the owner of such property,
either personally, by mail, or by leaving the same at his or her place of abode, if
a resident of this State. Otherwise such notice shall be given by publication thereof
in some newspaper published in the town or county where such lien accrues, if there
is one, and if not, by publication in a newspaper published in an adjoining county.
§ 1954. Price in dispute; tender by owner
When the owner of such article of personal property desires to question the reasonableness
of such charges, he or she may within such three months make tender therefor, and
the person having such lien shall bring a civil action within 30 days after such tender
to determine the amount due if he or she does not elect to accept such tender. The
defendant may give evidence of the tender under the general denial and, on proof thereof,
if the plaintiff does not recover a greater sum than the amount tendered, the defendant
shall recover his or her costs. In case tender is made as above provided and an action
is not brought by the person having such lien, such lien shall terminate 30 days from
the time of such tender. The foregoing provisions shall not be construed as exclusive
of any other remedies that the parties now have by law.
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Subchapter 005: LIENS ON LUMBER PRODUCTS; REGISTRATION OF MARKS
§ 2011. Nature and extent of lien; registered marks
If a person, firm, or corporation shall, by itself or others, make an advance or series
of advances of money to the owner of, or person entitled to the possession of, any
logs or pulpwood for the purpose of financing the cutting, hauling, yarding, piling,
trucking, rafting, booming, driving, or towing of the same, it shall have a lien for
the amount of all such advances, which shall take precedence over all claims, except
taxes and liens provided for and enforceable under section 1991 of this title, and except all other liens legally acquired and filed or recorded prior to the placing
of the registered mark thereon as herein provided, upon all of such logs or pulpwood
on which it has caused its registered mark to be placed, and such lien with respect
to such advances shall continue for all advances for two years after the date of making
the last advance, and may be enforced by attachment. The term “registered mark” as
used in the foregoing sentence means a mark described in a certificate of registration
issued by the Secretary of State, pursuant to the provisions of section 2012 of this title, and recorded in the town clerk’s office for the town in which such logs or pulpwood
were situated when such registered mark was placed thereon, or if the logs or pulpwood
were situated in an unorganized town, gore, or grant, said registered mark must be
recorded by the clerk of the county in which such unorganized town, gore, or grant
is situated.
§ 2012. Registration of marks; regulations
Any person, firm, or corporation desiring to appropriate for its own exclusive use
any distinctive mark to be placed upon logs or pulpwood for identification may file
a copy of such mark, accompanied by a statement claiming the exclusive use thereof
for such purpose, with the Secretary of State, who, if satisfied that such mark is
not the duplicate of, or deceptively similar to, any such mark theretofore registered
in his or her office, shall register, and issue to and in the name of such person,
firm, or corporation a certificate of registration of such mark. The person, firm,
or corporation in whose name such certificate of registration is issued shall be entitled
to the exclusive use of the mark therein described for all purposes of this subchapter.
The fee for such filing and recording and for a duly attested certificate of the record
thereof shall be $10.00. The Secretary may make such rules and regulations and prescribe
such forms as may be necessary to carry out the provisions of this subchapter.
§ 2013. Certified copies of certificates; fee
The town clerk shall receive a fee of $6.00 for recording a certified copy of any
such certificate of registration. (Amended 1971, No. 84, § 2; 1979, No. 161 (Adj. Sess.), § 2; 1993, No. 170 (Adj. Sess.), § 1; 2003, No. 70 (Adj. Sess.), § 5, eff. March 1, 2004.)
§ 2014. Recording; fees
No lien as provided for in this subchapter shall be valid, except as against the person
to whom such advances were made, until written notice of advances made or to be made
is recorded with the town clerk of the town wherein such logs or pulpwood are situated,
or if the logs or pulpwood are situated in an unorganized town, gore, or grant, said
written notice must be recorded by the clerk of the county in which such unorganized
town, gore, or grant is situated. Five dollars shall be paid to the town or county
clerk for recording said written notice. (Amended 1971, No. 84, § 3; 1979, No. 161 (Adj. Sess.), § 3.)
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Subchapter 007: FEDERAL LIENS
§ 2051. Filing in town clerk’s office
Notices of liens upon real or personal property for taxes or other obligations payable
to the United States of America, certificates and notices affecting the liens, and
certificates discharging the liens shall be filed in the office of the town clerk
of the town in this State within which the property subject to the lien is situated. (Amended 1987, No. 226 (Adj. Sess.), § 1.)
§ 2052. Recording of notice of lien
When a notice of a federal lien is filed, the town clerk shall forthwith record the
same in alphabetical order in a book kept for that purpose with the date and hour
of filing the lien. A town clerk shall keep on file in the clerk’s office the notices
of these liens. Liens filed under this section shall be indexed in accordance with
24 V.S.A. § 1153 or 1161. (Amended 1987, No. 226 (Adj. Sess.), § 2.)
§ 2053. Discharge of lien
When a certificate of discharge of a federal lien is filed in the office of the town
clerk, the town clerk shall enter the same, with the date of filing, upon the same
page of the record where the notice of the lien is filed, and permanently attach the
original certificate of discharge to the original notice of the lien. (Amended 1987, No. 227 (Adj. Sess.), § 3.)
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Subchapter 008: LIENS ON ANIMALS
§ 2071. Liens for service of stallions
Colts foaled in this State and the mare producing the same shall be subject to a lien
to secure the payment of the service fee of the stallion. Such lien shall continue
in force until the colt is eight months old and may be enforced by attachment of such
colt or mare at any time after the colt is four months old. Such lien shall take
precedence of any other claim upon such colt, subject to the conditions of sections
2072-2074 of this title.
§ 2072. Filing of statement claiming lien
On or before April 1, or within 30 days after such stallion is brought into such town,
the owner or manager of the stallion shall annually file in the office of the clerk
of the town where such stallion is kept a declaration of an intention to claim such
lien and a statement containing the name and age of such stallion, his pedigree for
two generations, if known, and the terms of service. A copy of such statement shall
be furnished the owner of each mare served and all bills or posters advertising such
stallion shall contain a copy of such statement.
§ 2073. False statements in claim of lien
If the owner or manager in such statement makes a false representation regarding the
pedigree of such stallion, the lien for such service shall be discharged and the service
fee thereon secured shall be forfeited.
§ 2074. Penalty for fraudulent sale of mare
When the owner or manager of a stallion has complied with the requirements of section 2072 of this title, if the owner or person in whose name a mare has been mated with such stallion for
breeding purposes disposes of such mare by sale or otherwise before foaling time without
first settling with the owner or manager for the service of the stallion, or within
10 days after the disposal of the mare, he or she shall be subject to the same penalties
that he or she would be for disposing of a colt encumbered by a lien. If such mare
is returned for trial to the stallion after three weeks from the date of the last
service and found not to have become pregnant and is not again served during that
breeding season, the provisions of this section shall not apply to the disposal of
such mare.
§ 2075. Lien for keeping or pasturing animals
A person to whom charges are due for pasturing, boarding, or keeping domestic animals
placed with the consent of the owner thereof in his or her care, if the charges become
due while such animals remain in his or her possession, may retain the same until
such charges are paid. After 30 days from the time the charges become due, he or
she may sell such animals in the manner provided for the sale of property under a
lien for repairs, if such charges remain unpaid.