§ 16.5 Interests Subject to Lien
Library | Construction Law in Oregon (OSBar) (2019 Ed.) |
§ 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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- Chapter 16 Construction Liens
- § 16.1 Introduction
- § 16.2 For Whom Is a Lien Created
- § 16.3 Lienable Items
- § 16.4 Amount of the Lien
- § 16.5 Interests Subject to Lien
- § 16.6 Notice
- § 16.7 Filing a Claim of Lien—perfection
- § 16.8 Special Circumstances
- § 16.9 Foreclosure of Lien
- § 16.10 Posting a Bond or Cash Deposit to Remove the Lien
- § 16.11 Bankruptcy
- Form 16-1 Claim of Construction Lien for an Improvement
- Form 16-2 Amendment to Construction Contract (ors 87.021)
- Form 16-3 Combined Notice of Filing Claim of Construction Lien and Intent to Foreclose
- Form 16-4 Notice of Pendency of an Action (lis Pendens)
- Form 16-5 Affidavit of Filing Lien-release Bond
- Form 16-6 Complaint: Foreclosure of Construction Lien, Quantum Meruit, Claim on Account
- Form 16-7 Complaint: Foreclosure of Construction Lien—bond Posted, Breach of Contract
- Form 16-8 Petition to Determine Adequacy of Bond Pursuant to Ors 87.086
- Form 16-9 Demand That Lien Be Released (ors 87.076)
- Form 16-10 Section 546(b)(2) Notice
- Appendix 16a Oregon Lien and Bond Summary
- Appendix 16b Checklist for Oregon Construction Lien
- Appendix 16c Lien Evaluation Checklist
- Appendix 16d Abbreviations
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