Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 95-H.F.No. 1031 
           An act relating to liens; labor and material; 
          regulating the attachment of these liens; providing 
          that visible staking of the premises does not 
          constitute the actual and visible beginning of the 
          improvement; amending Minnesota Statutes 1986, section 
          514.05. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 514.05, is 
amended to read: 
    514.05 [WHEN LIEN ATTACHES; NOTICE.] 
    Subdivision 1.  [GENERALLY.] All such liens, as against the 
owner of the land, shall attach and take effect from the time 
the first item of material or labor is furnished upon the 
premises for the beginning of the improvement, and shall be 
preferred to any mortgage or other encumbrance not then of 
record, unless the lienholder had actual notice thereof.  As 
against a bona fide purchaser, mortgagee, or encumbrancer 
without actual or record notice, no lien shall attach prior to 
the actual and visible beginning of the improvement on the 
ground, but a person having a contract for the furnishing of 
labor, skill, material, or machinery for such the improvement, 
may file for record with the county recorder of the county 
within which the premises are situated, or, if claimed under 
section 514.04, with the secretary of state, a brief statement 
of the nature of such the contract, which statement shall be 
notice of that person's lien only.  Engineering or land 
surveying services with respect to real estate shall not 
constitute the actual and visible beginning of the improvement 
on the ground referred to in this section, except when such 
engineering or land surveying services include a visible staking 
of the premises.  No lien shall attach for engineering or land 
surveying services rendered with respect to a purchaser for 
value if the value of those services does not exceed $250. 
    Subd. 2.  [EXCEPTION.] Visible staking, engineering, land 
surveying, and soil testing services do not constitute the 
actual and visible beginning of the improvement on the ground 
referred to in this section.  This subdivision does not affect 
the validity of the liens of a person or the notice provision 
provided in this chapter and affects only the determination of 
when the actual and visible beginning of the improvement on the 
ground, as the term is used in subdivision 1, has commenced. 
    Approved May 13, 1987