Printable Format58-201. Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods, personal property, chattels, horses, mules, wagons, buggies, automobiles, trucks, trailers, locomotives, railroad rolling stock, barges, aircraft, equipment of all kinds, including but not limited to construction equipment, vehicles of all kinds, and farm implements of whatsoever kind, a first and prior lien on such personal property is hereby created in favor of such person performing such work, making such repairs or improvements or replacing, adding or installing such equipment and such lien shall amount to the full amount and reasonable value of the services performed and shall include the reasonable value of all material used in the performance of such services and the reasonable value of all equipment replaced, added or installed.
If such property shall come into the lien claimant's possession for the purpose of having the work, repairs or improvements made or the equipment replaced, added or installed thereon, such lien shall be valid as long as the lien claimant retains possession of the property, and the claimant of the lien may retain the same after parting with the possession of the property by filing within 90 days in the office of the register of deeds, under oath, a statement of the items of the account and a description of the property on which the lien is claimed, with the name of the owner thereof, in the county where the work was performed and in the county of the residence of the owner, if such is known to the claimant.
If the lien claimant was never in possession of the property, the lien claimant may retain the lien by filing, within 90 days after the date upon which work was last performed, material was last furnished in performing such work or making such repairs or improvements or equipment was last replaced, added or installed in the office of the register of deeds, under oath, a statement of the items of the account and a description of the property on which the lien is claimed, with the name of the owner thereof and the date upon which work was last performed, material was last furnished in performing such work or making such repairs or improvements or equipment was last replaced, added or installed, in the county where the work was performed and in the county of the residence of the owner, if such is known to the claimant.
As used in this section, "equipment" includes tires and other standard equipment on vehicles.
History: R.S. 1923, 58-201; L. 1947, ch. 313, § 1; L. 1961, ch. 264, § 1; L. 1969, ch. 273, § 1; L. 1986, ch. 206, § 1; L. 1988, ch. 196, § 1; July 1.
Source or prior law:
G.S. 1868, ch. 58, § 1; L. 1872, ch. 142, § 1; L. 1903, ch. 383, § 1; L. 1913, ch. 218, §§ 1, 2; L. 1917, ch. 232, § 1; Revised, 1923.
Cross References to Related Sections:
Liens of subcontractors and others, see 60-1103.
Law Review and Bar Journal References:
Case in annotation No. 15 below discussed in 1953-55 survey of debtor-creditor law, F. J. Moreau, 4 K.L.R. 196, 204, 205, 206 (1955).
Amendments of 1961 explained in 1959-61 survey of debtor-creditor law, Wesley E. Brown, 10 K.L.R. 197, 199 (1961).
Possible unconstitutionality of repairman's lien and provisions concerning security interest in goods on which services are performed discussed in "The New Kansas Consumer Legislation," Barkley Clark, 42 J.B.A.K. 147, 151, 198 (1973).
Perfecting security interests in mobile homes, 18 W.L.J. 708, 710 (1979).
"Survey of Kansas Law: Consumer Law," John C. Maloney, 27 K.L.R. 197, 210 (1979).
"Kansas's Unique Treatment of Agricultural Liens," Keith G. Meyer, 53 K.L.R. 1141 (2005).
CASE ANNOTATIONS
1. Civil engineer has lien on field notes, maps, etc. Irrigation Co. v. Briesen, 1 K.A. 758, 767, 41 P. 1116.
2. Lien not destroyed by agreement postponing payment for labor; possession held not surrendered to owner; work, etc., must be at owner's request, or with consent. Olson v. Orr, 94 K. 38, 40, 145 P. 900.
3. Automobile; lien of mechanic superior to holder of sale contract. Automobile Co. v. Dennis, 104 K. 241, 242, 243, 178 P. 408.
4. Automobile; lien of mechanic superior to prior chattel mortgage; mechanic's right of possession not affected by failure to file. Overland Co. v. Evans, 104 K. 632, 634, 180 P. 235.
5. Statute gives lien to one who makes repairs; section construed; does not give lien to person having repairs made. Motor Co. v. Kline, 109 K. 227, 230, 198 P. 949.
6. Lien of mechanic prior to mortgage, when. Hockaday Auto Supply Co. v. Huff, 121 K. 113, 245 P. 1013.
7. Constitutionality of priority feature affirmed. Clark v. Davis, 123 K. 99, 254 P. 399.
8. Dealer selling tires and installing them gratis not entitled to lien. Rouse v. Paramount Transit Co., 137 K. 858, 860, 22 P.2d 429.
9. Similarity between chattel mortgages and conditional sales contracts discussed. Freuhauf Trailer Co. v. State Corporation Comm., 149 K. 465, 472, 87 P.2d 641.
10. Duration and extent of lien; amendment of lien statement; lien assignable; priority; expenses in repossessing property not lienable. National Bond & Investment Co. v. Midwest Finance Co., 156 K. 531, 534, 535, 536, 537, 134 P.2d 639.
11. Amendment of filed lien statement permitted, when. Butel Motors, Inc. v. Warsop, 176 K. 491, 492, 494, 271 P.2d 237.
12. Section does not impose lien for unpaid rent on mobile home. Reimer v. Davis, 224 K. 225, 229, 230, 580 P.2d 81.
13. Lien waived; failure to file lien statement; possession of race car voluntarily surrendered. Weatherhead v. Boettcher, 3 K.A.2d 261, 262, 263, 264, 594 P.2d 257.
14. Cited; no lien created for repairs made on stolen automobile at thief's request. United States Fidelity & Guaranty Co. v. Marshall, 4 K.A.2d 9, 601 P.2d 1169.
15. Basic legal principles of personal property liens reviewed; common-law requirement of possession still overriding consideration. Northeast Kansas Prod. Cred. Ass'n v. Ferbache, 236 K. 491, 493, 494, 693 P.2d 1152 (1985).
16. Right to possession hereunder satisfies requirements of ownership as defined in 21-3110 and applied in 21-3701. State v. Etape, 237 K. 380, 382, 383, 699 P.2d 532 (1985).
17. No lien created for towing and labor absent request by or consent from owner. Hartford Ins. Co. v. Overland Body Tow, Inc., 11 K.A.2d 373, 374, 724 P.2d 687 (1986).
18. Distinction between possessory and nonpossessory lienholders, continuity of single contract, statutory filing period examined. Utility Trailers of Wichita, Inc. v. Citizens Nat'l Bank & Tr. Co., 11 K.A.2d 421, 426, 726 P.2d 282 (1986).
19. Violation of consumer protection act (50-623 et seq.) does not defeat a valid mechanic's lien. Farrell v. General Motors Corp., 249 K. 231, 245, 815 P.2d 538 (1991).
20. Statement under oath distinguished from verification on lien statement. Double S, Inc. v. Northwest Kansas Prod. Cred. Ass'n, 17 K.A.2d 740, 741, 743, 843 P.2d 741 (1992).
21. Lien created under section has priority over perfected security interest created under article 9 of UCC. Security Benefit Life Ins. Corp. v. Fleming Companies, Inc., 21 K.A.2d 833, 835, 908 P.2d 1315 (1995).
22. No maliciously filing of mechanic's lien. Saddlewood Downs v. Holland Corp., Inc., 33 K.A.2d 185, 99 P.3d 640 (2004).