60-1102. Filing and recording of lien statement; notice of extension.
60-1102
60-1102. Filing and recording of lien statement;notice of extension.(a) Filing. Any person claiming a lien on real property, under theprovisions of K.S.A. 60-1101, and amendments thereto, shall file with theclerk of the district court of the county in which property is located, withinfour months after the date material, equipment or supplies, used or consumedwas last furnished or last labor performed under the contract a verifiedstatement showing:
(1) The name of the owner,
(2) the name and address sufficient for service of process of the claimant,
(3) a description of the real property,
(4) a reasonably itemized statement and the amount of the claim, but ifthe amount of the claim is evidenced by a written instrument, or if apromissory note has been given for the same, a copy thereof may be attachedto the claim in lieu of the itemized statement.
(b) Recording. Immediately upon the receipt of such statement theclerkof the court shall index the lien in the general index by party names and filenumber.
(c) Notwithstanding subsection (a), a lien for thefurnishing of labor, equipment, materials or supplies on property other thanresidential property may be claimed pursuant to this section within five monthsonly if the claimant has filed a notice of extension within four months sincelast furnishing labor, equipment, materials or supplies to the job site. Suchnotice shall be filed in the office of the district court of the county wheresuch property is located and shall be mailed by certified and regular mail tothe owner. The notice of extension shall be deemed sufficient if insubstantial compliance with theform set forth by the judicial council.
(d) As used in this section and K.S.A. 60-1103, and amendments thereto,"residential property" means a structure which is constructed for use as aresidence and which is not used or intended for use as a residence for morethan two families.
History: L. 1963, ch. 303, 60-1102;L. 1992, ch. 47, § 2;L. 2003, ch. 45, § 1;L. 2005, ch. 101, § 13; July 1.