North Carolina · statute · N.C. Gen. Stat. ch. 44A · 69 active provisions
Definitions. As used in this Article: (1) "Legal possessor" means a. Any person entrusted with possession of personal property by an owner thereof, or b. Any person in possession of personal property and entitled thereto by operation of law. (2) "Lienor" means any person entitled to a lien under this Article. (2a) "Mot…
Persons entitled to lien on personal property. (a) Any person who tows, alters, repairs, stores, services, treats, or improves personal property other than a motor vehicle or an aircraft in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal pr…
When lien arises and terminates. Liens conferred under this Article arise only when the lienor acquires possession of the property and terminate and become unenforceable when the lienor voluntarily relinquishes the possession of the property upon which a lien might be claimed, or when an owner, his agent, a legal posse…
Enforcement of lien by sale. (a) Enforcement by Sale. - If the charges for which the lien is claimed under this Article remain unpaid or unsatisfied for 30 days or, in the case of towing and storage charges on a motor vehicle, 10 days following the maturity of the obligation to pay any such charges, the lienor may enfo…
Proceeds of sale. The proceeds of the sale shall be applied as follows: (1) Payment of reasonable expenses incurred in connection with the sale. Expenses of sale include but are not limited to reasonable storage and boarding expenses after giving notice of sale. (2) Payment of the obligation secured by the lien. (3) An…
Title of purchaser. A purchaser for value at a properly conducted sale, and a purchaser for value without constructive notice of a defect in the sale, whether or not the purchaser is the lienor or an agent of the lienor, acquires title to the property free of any interests over which the lienor was entitled to priority…
Action to regain possession of a motor vehicle or vessel. (a) When the lienor involuntarily relinquishes possession of the property and the property upon which the lien is claimed is a motor vehicle or vessel, the lienor may institute an action to regain possession of the motor vehicle or vessel in small claims court a…
Definitions. Unless the context otherwise requires, the following definitions apply in this Article: (1) Contractor. - A person who contracts with an owner to improve real property. (2) First tier subcontractor. - A person who contracts with a contractor to improve real property. (3) Improve. - To build, effect, alter,…
Mechanics', laborers', and materialmen's lien; persons entitled to claim of lien on real property. Any person who performs or furnishes labor or professional design or surveying services or furnishes materials or furnishes rental equipment pursuant to a contract, either express or implied, with the owner of real proper…
Extent of claim of lien on real property. A claim of lien on real property authorized under this Article shall extend to the improvement and to the lot or tract on which the improvement is situated, to the extent of the interest of the owner. When the lot or tract on which a building is erected is not surrounded at the…
Effective date of claim of lien on real property. A claim of lien on real property granted by this Article shall relate to and take effect from the time of the first furnishing of labor or materials at the site of the improvement by the person claiming the claim of lien on real property. (1969, c. 1112, s. 1; 2005-229,…
Perfecting claim of lien on real property. (a) Perfection. - A claim of lien on real property granted by this Article shall be perfected as of the time provided in G.S. 44A-10 upon the occurrence of all of the following: (1) Service of a copy of the claim of lien on real property upon the record owner of the real prope…
Lien agent; designation and duties. (a) With regard to any improvements to real property to which this Article is applicable for which the costs of the undertaking are forty thousand dollars ($40,000) or more, either at the time that the original building permit is issued or, in cases in which no building permit is req…
Identification of lien agent; notice to lien agent; effect of notice. (a) As used in this section, the term "contact information" means the name, physical and mailing address, telephone number, facsimile number, and email address of the lien agent designated by the owner pursuant to G.S. 44A-11.1. (b) Within seven days…
Filing claim of lien on real property. (a) Place of Filing. - All claims of lien on real property must be filed in the office of the clerk of superior court in each county where the real property subject to the claim of lien on real property is located. The clerk of superior court shall note the claim of lien on real p…
No docketing of lien unless authorized by statute. (a) The clerk of superior court shall not index, docket, or record a claim of lien on real property or other document purporting to claim or assert a lien on real property in such a way as to affect the title to any real property unless the document: (1) Is offered for…
Action to enforce claim of lien on real property. (a) Where and When Action Commenced. - An action to enforce a claim of lien on real property may be commenced in any county where venue is otherwise proper. No such action may be commenced later than 180 days after the last furnishing of labor or materials at the site o…
Sale of property in satisfaction of judgment enforcing claim of lien on real property or upon order prior to judgment; distribution of proceeds. (a) Execution Sale; Effect of Sale. - Except as provided in subsection (b) of this section, sales under this Article and distribution of proceeds thereof shall be made in acco…
Attachment available to lien claimant. In addition to other grounds for attachment, in all cases where the owner removes or attempts or threatens to remove an improvement from real property subject to a claim of lien on real property under this Article, without the written permission of the lien claimant or with the in…
Discharge of record claim of lien on real property. (a) Any claim of lien on real property filed under this Article may be discharged by any of the following methods: (1) The lien claimant of record, the claimant's agent or attorney, in the presence of the clerk of superior court may acknowledge the satisfaction of the…
Grant of lien upon funds; subrogation; perfection. (a) A first tier subcontractor who furnished labor, materials, or rental equipment at the site of the improvement shall have a lien upon funds that are owed to the contractor with whom the first tier subcontractor dealt and that arise out of the improvement on which th…
Notice of claim of lien upon funds. (a) Notice of a claim of lien upon funds shall set forth all of the following information: (1) The name and address of the person claiming the lien upon funds. (2) A general description of the real property improved. (3) The name and address of the person with whom the lien claimant…
Duties and liability of obligor. (a) Upon receipt of the notice of claim of lien upon funds provided for in this Article, the obligor shall be under a duty to retain any funds subject to the lien or liens upon funds under this Article up to the total amount of such liens upon funds as to which notices of claims of lien…
Pro rata payments. (a) Where the obligor is a contractor or subcontractor and the funds in the hands of the obligor and the obligor's personal liability, if any, under G.S. 44A-20 are less than the amount of valid liens upon funds that have been received by the obligor under this Article, the parties entitled to liens…
Priority of liens upon funds. Liens upon funds perfected under this Article have priority over all other interests or claims theretofore or thereafter created or suffered in the funds by the person against whose interest the lien upon funds is asserted, including, but not limited to, liens arising from garnishment, att…