Chapter 12 - § 12.10 • LIENS ON WELLS AND EQUIPMENT

JurisdictionColorado
§ 12.10 • LIENS ON WELLS AND EQUIPMENT496

§ 12.10.1—Persons Entitled to Lien

The statute relating to liens on wells and equipment grants the right of lien in favor of:


• Every person, firm, or corporation, whether as contractor, subcontractor, materialman, or laborer, who performs labor upon or furnishes machinery, material, fuel, explosives, power, or supplies for sinking, repairing, altering, or operating any gas well, oil well, or other well of for constructing, repairing, or operating any oil derrick, oil tank, oil pipeline or water pipeline, pump, or pumping station, transportation or communication line, or gasoline plant and refinery by virtue of a contract, express or implied, with the owner or lessee of any interest in real estate or with the trustee, agent or receiver of any such owner, part owner, or lessee.497 The term "well" includes a water well.498
• Every person, firm, or corporation who performs labor or furnishes machinery, material, fuel, explosives, or supplies to a contractor or subcontractor.499

The rights given by statute relating to liens on wells and equipment are cumulative and in addition to other rights and remedies provided by law.500

One who is entitled to a lien may assign his claim before or after filing the lien statement, and the assignee has all the rights of the assignor.501

§ 12.10.2—Attachment of Lien

The lien attaches to the properties mentioned belonging to the party contracting with the lien claimants, and upon the machinery, materials, and supplies so furnished, and upon any well upon and in which such machinery, materials, and supplies have been placed and used, and upon all other wells, buildings, and appurtenances, and the interest, leasehold or otherwise, of the owner, part owner, or lessee in the lot or land upon which the improvements are located, or to which they may be removed, to the extent of the right, title, and interest of the owner, part owner, or lessee, at the time the work was commenced or machinery, materials and supplies were begun to be furnished, and to any subsequently acquired interest of the owner, part owner, or lessee.502 One not furnishing machinery and equipment has no lien on such machinery and equipment as detached personal property segregated from the well but only upon the well itself and the leasehold interest.503 The owner of the land has no liability except when he is a party to the contract with the lien claimant.504 The lien does not attach to the proceeds of oil produced...

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