§ 16.5 Interests Subject to Lien

LibraryConstruction Law in Oregon (OSBar) (2019 Ed.)
§ 16.5 INTERESTS SUBJECT TO LIEN

§ 16.5-1 Statutory Provision

The interests that are subject to a lien on an improvement under construction are set forth in ORS 87.015. These interests include any land that may be necessary for the "convenient use and occupation of the improvement" as well as the site of the improvement if the person who causes the improvement to be constructed owns the site and the land. ORS 87.015(1). However, when the person owns less than a fee-simple estate, a lien can be created only to the extent of a person's interest in the site and the land. ORS 87.015(1). In addition, condominium units and common elements appertaining to those units are subject to lien. ORS 87.015(2).

§ 16.5-2 Lien on Improvement or Land

A person whose efforts are used in the construction of an improvement has a lien only on that improvement. ORS 87.010(1), (4). A person whose efforts are directed toward the preparation of a lot or parcel of land has a lien only on that lot or parcel of land. ORS 87.010(2), (6). Moreover, an architect, landscape architect, land surveyor, or registered engineer who prepares plans, drawings, or specifications intended for an improvement or who supervises an improvement is entitled to a lien on the land and structures related to his or her efforts. ORS 87.010(5).

A person may also be entitled to a lien on the "site together with the land that may be required for the convenient use and occupation of the improvement." ORS 87.015(1). That is, if a person who is entitled to a lien on an improvement provides his or her efforts to...

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