NRS 108.231
Notice of lien against two or more separate buildings or mining claims: Designation of amount due on each

  • effect of failure to designate amount due on each.

1.

In every case in which a notice of lien is recorded against two or more separate buildings or mining claims that are owned by the same person and that are located on separate legal parcels that existed at the commencement of construction, the lien claimant must, at the time of recording the notice of lien, designate the lienable amount due on each building or mining claim.

2.

The lien of a lien claimant only applies to the lienable amount designated in the notice of lien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, as against other creditors having liens by judgment or otherwise, upon the buildings or mining claims. However, the lienable amount chargeable to the interest of the owner in each building must be the total amount of the lien claimant’s notice of lien, without regard to the proportionate amount designated to each separate building in the lien claimant’s notice of lien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, but upon the trial thereof, the court may, where it deems it equitable to do so, distribute the lien equitably as among the several buildings involved.

3.

If a lien claimant fails to designate in the notice of lien the amount due on each separate building as provided in subsection 1, the lien claimant’s notice of lien must be postponed to the notices of lien of other lien claimants and other encumbrancers for value who have designated the amount due on each building or mining claim but must not be inferior to any rights or interests of the owner. For purposes of this subsection, a lien claimant’s lien must not be postponed to other liens or encumbrances if the lien claimant’s designation among the parcels was estimated by the lien claimant in good faith or was based upon a pro rata division of the total lienable amount.

Source: Section 108.231 — Notice of lien against two or more separate buildings or mining claims: Designation of amount due on each; effect of failure to designate amount due on each., https://www.­leg.­state.­nv.­us/NRS/NRS-108.­html#NRS108Sec231.

108.221
Definitions.
108.222
Lien on property, improvements and construction disbursement account
108.225
Priority of liens.
108.226
Perfection of lien: Time for recording notice of lien
108.227
Service of copy of notice of lien.
108.228
Notice of completion: Recording
108.229
Recording and service of amended notice of lien
108.231
Notice of lien against two or more separate buildings or mining claims: Designation of amount due on each
108.232
Notice of lien to be recorded
108.233
Duration of lien.
108.234
Recording of notice of nonresponsibility by disinterested owner
108.235
Amount recoverable by prime contractor
108.236
Court must declare rank of lien claimants or class of lien claimants
108.237
Award of lienable amount, cost of preparing and recording notice of lien, costs of proceedings and representation and other amounts to prevailing lien claimant
108.238
Right to maintain civil action or submit controversy to arbitration not impaired.
108.239
Action to enforce notice of lien: Complaint
108.243
Assignment of lien.
108.244
Limitation on filing complaint for foreclosure of notice of lien.
108.245
Notice of right to lien: Form
108.2212
“Contract” defined.
108.2214
“Lien claimant” defined.
108.2216
“Prime contract” defined.
108.2218
“Surety bond” defined.
108.2275
Frivolous or excessive notice of lien: Motion
108.2403
Lessee to record notice of posted security and either establish construction disbursement account or record surety bond before beginning work of improvement
108.2407
Lien claimant has lien upon funds in construction disbursement account
108.2413
Release of lien rights or notice of lien by posting surety bond.
108.2415
Form of surety bond posted to release lien
108.2421
Action against principal and surety on surety bond and debtor: Action before or after surety bond is recorded
108.2423
Enforcement of liability of principal and surety.
108.2425
Exception to sufficiency of surety or surety bond
108.2433
Discharge of notice of lien: Marginal entries
108.2437
Discharge of notice of lien: Recording by lien claimant
108.2457
Term of contract that attempts to waive or impair lien rights of contractor, subcontractor or supplier void
108.22104
“Agent of the owner” defined.
108.22108
“Building” defined.
108.22112
“Commencement of construction” defined.
108.22116
“Completion of the work of improvement” defined.
108.22118
“Construction control” defined.
108.22124
“Equipment” defined.
108.22128
“Improvement” defined.
108.22132
“Lien” defined.
108.22136
“Lienable amount” defined.
108.22144
“Material” defined.
108.22146
“Notice of lien” defined.
108.22148
“Owner” defined.
108.22156
“Prevailing lien claimant” defined.
108.22164
“Prime contractor” defined.
108.22168
“Principal” defined.
108.22172
“Property” defined.
108.22176
“Surety” defined.
108.22184
“Work” defined.
108.22188
“Work of improvement” defined.
Last Updated

Jun. 24, 2021

§ 108.231’s source at nv​.us