Before filing a lien with the county recorder, the claimant must give the owner at least ten (10) days’ written notice (§ 35-27-02). Once the lien has been filed, the claimant will have three (3) years to enforce before it expires. However, if the property owner issues a written demand, the claimant will be required to commence legal action within thirty (30) days to avoid the lien’s expiration.
Laws & Requirements
- Laws: Chapter 35-27 – Construction Lien
- Signing Requirements: Not mentioned in state statutes.
- Time Limit for Recording Lien (§ 35-27-13): Ninety (90) days
- Deadline for Enforcing Lien (§ 35-27-25): Three (3) years
- Deadline if Owner Demands Enforcement (§ 35-27-25): Thirty (30) days