43-32 - Lien of keeper of livery stable, marina, etc.
§ 43-32. Lien of keeper of livery stable, marina, etc.
A. Every keeper of a livery stable, hangar, tie-down, or marina, and everyperson pasturing or keeping any horses or other animals, boats, aircraft, orharness, shall have a lien upon such horses and other animals, boats,aircraft, and harness, for the amount which may be due him for the towing,storage, recovery, keeping, supporting, and care thereof, until such amountis paid.
B. In the case of any boat or aircraft subject to a chattel mortgage,security agreement, deed of trust, or other instrument securing money, thekeeper of the marina, hangar, or tie-down shall have a lien thereon for hisreasonable charges for storage under this section not to exceed $500 and foralteration and repair under § 43-33 not to exceed $800. However, in the caseof a storage lien, to obtain the priority for an amount in excess of $300,the person asserting the lien shall make a reasonable attempt to notify anysecured party of record at the Department of Game and Inland Fisheries bytelephonic means and shall give written notice by certified mail, returnreceipt requested, to any secured party of record at the Department of Gameand Inland Fisheries within seven business days of taking possession of theboat or aircraft. If the secured party does not, within seven business daysof receipt of the notice, take or refuse redelivery to it or its designee,the lienor shall be entitled to priority for the full amount of storagecharges, not to exceed $500. Notwithstanding a redelivery, the watercraftshall be subject to subsection D.
C. In addition, any person furnishing services involving the towing andrecovery of a boat or aircraft, shall have a lien for all normal costsincident thereto, if the person asserting the lien gives written noticewithin seven days of receipt of the boat or aircraft by certified mail,return receipt requested, to all secured parties of record at the Departmentof Game and Inland Fisheries.
D. In addition, any keeper shall be entitled to a lien against any proceedsremaining after the satisfaction of all prior security interests or liens,and may retain possession of such property until such charges are paid.
(Code 1919, § 6445; 1968, c. 320; 1970, c. 56; 1976, c. 77; 1977, c. 382;1981, c. 453; 1984, c. 396; 1988, c. 120; 1990, c. 665; 1992, c. 403; 1999,c. 533; 2004, c. 215; 2005, c. 98; 2006, cc. 874, 891; 2009, c. 664.)