Section 429.010

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

Effective - 28 Aug 2013, 3 histories   

  429.010.  Mechanics' and materialmen's lien, who may assert — extent of lien. — 1.  Any person who shall do or perform any work or labor upon land, rent any machinery or equipment, or use any rental machinery or equipment, or furnish any material, fixtures, engine, boiler or machinery for any building, erection or improvements upon land, or for repairing, grading, excavating, or filling of the same, or furnish and plant trees, shrubs, bushes or other plants or provides any type of landscaping goods or services or who installs outdoor irrigation systems under or by virtue of any contract with the owner or proprietor thereof, or his or her agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, upon complying with the provisions of sections 429.010 to 429.340, shall have for his or her work or labor done, machinery or equipment rented or materials, fixtures, engine, boiler, machinery, trees, shrubs, bushes or other plants furnished, or any type of landscaping goods or services provided, a lien upon such building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated, to the extent of three acres; or if such building, erection or improvements be upon any lot of land in any town, city or village, or if such building, erection or improvements be for manufacturing, industrial or commercial purposes and not within any city, town or village, then such lien shall be upon such building, erection or improvements, and the lot, tract or parcel of land upon which the same are situated, and not limited to the extent of three acres, to secure the payment of such work or labor done, machinery or equipment rented, or materials, fixtures, engine, boiler, machinery, trees, shrubs, bushes or other plants or any type of landscaping goods or services furnished, or outdoor irrigation systems installed; except that if such building, erection or improvements be not within the limits of any city, town or village, then such lien shall be also upon the land to the extent necessary to provide a roadway for ingress to and egress from the lot, tract or parcel of land upon which such building, erection or improvements are situated, not to exceed forty feet in width, to the nearest public road or highway.  Such lien shall be enforceable only against the property of the original purchaser of such plants unless the lien is filed against the property prior to the conveyance of such property to a third person.  For claims involving the rental of machinery or equipment, the lien shall be for the reasonable rental value of the machinery or equipment during the period of actual use and any periods of nonuse taken into account in the rental contract, while the machinery or equipment is on the property in question.

  2.  There shall be no lien involving the rental of machinery or equipment unless:

  (1)  The improvements are made on commercial property;

  (2)  The amount of the claim exceeds five thousand dollars; and

  (3)  The party claiming the lien provides written notice within fifteen business days of the commencement of the use of the rental machinery or equipment to the property owner that rental machinery or equipment is being used upon their property.  Such notice shall identify the name of the entity that rented the machinery or equipment and the machinery or equipment being rented.  

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Nothing contained in this subsection shall apply to persons who use rented machinery or equipment in performing the work or labor described in subsection 1 of this section.

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(RSMo 1939 § 3546, A.L. 1959 S.B. 257 & 295, A.L. 1974 H.B. 1251 § 429.010 subsec. 2, A.L. 1986 H.B. 942, et al., A.L. 1990 S.B. 808 & 672, A.L. 1992 H.B. 1434 & 1490, A.L. 2005 S.B. 320, A.L. 2007 S.B. 302, A.L. 2013 S.B. 357)

Prior revisions: 1929 § 3156; 1919 § 7216; 1909 § 8212

(1972) A mechanic's lien does not attach to buildings and property owned by a municipality and used for the benefit of the public. Union Reddi-Mix Co. v. Specialty Concrete Contr.  (A.), 476 S.W.2d 160.

(2008) This section and section 107.170 are intended to provide inclusive protection to those furnishing labor and materials for public benefit.  Collins & Hermann, Inc. V. TM2 Construction Co., 263 S.W.3d 793 (Mo.App. E.D.).