429.010. Mechanics' and materialmen's lien, who may assert--extent of lien.
Mechanics' and materialmen's lien, who may assert--extent of lien.
429.010. 1. Any person who shall do or perform any work or laborupon land, rent any machinery or equipment, or use any rental machinery orequipment, or furnish any material, fixtures, engine, boiler or machineryfor 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 orservices or who installs outdoor irrigation systems under or by virtue ofany contract with the owner or proprietor thereof, or his or her agent,trustee, contractor or subcontractor, or without a contract if ordered by acity, town, village or county having a charter form of government to abatethe conditions that caused a structure on that property to be deemed adangerous building under local ordinances pursuant to section 67.410, RSMo,upon complying with the provisions of sections 429.010 to 429.340, shallhave for his or her work or labor done, machinery or equipment rented ormaterials, fixtures, engine, boiler, machinery, trees, shrubs, bushes orother plants furnished, or any type of landscaping goods or servicesprovided, a lien upon such building, erection or improvements, and upon theland belonging to such owner or proprietor on which the same are situated,to the extent of three acres; or if such building, erection or improvementsbe upon any lot of land in any town, city or village, or if such building,erection or improvements be for manufacturing, industrial or commercialpurposes and not within any city, town or village, then such lien shall beupon such building, erection or improvements, and the lot, tract or parcelof land upon which the same are situated, and not limited to the extent ofthree acres, to secure the payment of such work or labor done, machinery orequipment rented, or materials, fixtures, engine, boiler, machinery, trees,shrubs, bushes or other plants or any type of landscaping goods or servicesfurnished, or outdoor irrigation systems installed; except that if suchbuilding, 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 extentnecessary to provide a roadway for ingress to and egress from the lot,tract or parcel of land upon which such building, erection or improvementsare situated, not to exceed forty feet in width, to the nearest public roador highway. Such lien shall be enforceable only against the property ofthe original purchaser of such plants unless the lien is filed against theproperty prior to the conveyance of such property to a third person. Forclaims involving the rental of machinery or equipment to others who use therental machinery or equipment, the lien shall be for the reasonable rentalvalue of the machinery or equipment during the period of actual use and anyperiods of nonuse taken into account in the rental contract, while themachinery or equipment is on the property in question.
2. There shall be no lien involving the rental of machinery orequipment 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 fivebusiness days of the commencement of the use of the rental machinery orequipment to the property owner that rental machinery or equipment is beingused upon their property. Such notice shall identify the name of theentity that rented the machinery or equipment, the machinery or equipmentbeing rented, and the rental rate.
Nothing contained in this subsection shall apply to persons who use rentedmachinery or equipment in performing the work or labor described insubsection 1 of this section.
(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)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.).