reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-104 - Time of attachment of lien

(a)
The lien provided by this chapter shall attach and take effect from the time of the visible commencement of operations, excluding however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines, or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor.
(b)
If there is a cessation of all operations at the site of the improvement for more than ninety (90) days and a subsequent visible resumption of operations, any lien for labor performed or for materials furnished after the visible resumption of operations shall attach and take effect only from the visible resumption of operations.
(c)
Nothing in this section shall affect the priority or parity of any liens as established by any section of this chapter.
Code 1932, § 7915; Acts 1977, ch. 424, § 1; T.C.A. (orig. ed.), § 64-1104; Acts 1996, ch. 591, § 1; 2007, ch. 189, § 4.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-105 - Extent of lien - Removal of property

(a)
The lien shall extend to, and only to, the owner's right, title or interest in the real property and improvements on the real property existing at the time of the visible commencement of operations or thereafter acquired or constructed.
(b)
If any part of the real property or improvements subject to the lien is removed by the owner or any other person at any time before discharge of the lien, the removal shall not affect the rights of the lienor either in respect to the real property and improvements or the part so removed.
Code 1932, § 7916; T.C.A. (orig. ed.), § 64-1105; Acts 2007, ch. 189, § 5.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-106 - Duration of lien

A prime contractor's lien shall continue for one (1) year after the date the improvement is complete or is abandoned, and until the final decision of any suit properly brought within that time for its enforcement.
Code 1858, § 1985 (deriv. Acts 1845-1846, ch. 118, § 1); Shan., § 3539; mod. Code 1932, § 7917; T.C.A. (orig. ed.), § 64-1106; Acts 2007, ch. 189, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-107 - Parity of liens - Priority of laborers' liens

All liens provided by this chapter, except those of laborers, shall be on a parity, and shall be treated pro rata. All liens of laborers shall be on a parity one with another, and shall have priority over all other liens created by this chapter.
Code 1858, § 1984 (deriv. Acts 1845-1846, ch. 118, § 1); Shan., § 3538; mod. Code 1932, § 7926; T.C.A. (orig. ed.), § 64-1107; Acts 2007, ch. 189, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-108 - Priority over mortgage

If the contract for an improvement is made with a mortgagor, and the lienor has served the mortgagee with written notice of the same by certified or registered mail before the work is begun or materials furnished by the lienor, and the mortgagee gives written consent thereto by certified or registered mail, the lien provided by this chapter to that lienor shall have priority over the mortgage; and if the mortgagee fails to serve a written objection by certified or registered mail within ten (10) days after receipt of the notice, the mortgagee's consent shall be implied; provided, that the person giving notice shall include a name and return address to which the written objection shall be served. If notice is not served in accordance with this section, then the lien shall not have priority over a mortgage otherwise entitled to priority over the lien under applicable law.
Code 1858, § 1982 (deriv. Acts 1857-1858, ch. 24, §§ 1, 2); Shan., § 3536; Code 1932, § 7924; Acts 1975, ch. 200, § 1; T.C.A. (orig. ed.), § 64-1108; Acts 2007, ch. 189, § 8.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-109 - Priority for other liens not created by this chapter

Section
66-11-108
shall also apply to any other person claiming a lien not created by this chapter.
Code 1858, § 1983 (deriv. Acts 1857-1858, ch. 24, § 2); Shan., § 3537; Code 1932, § 7925; T.C.A. (orig. ed.), § 64-1109; Acts 2007, ch. 189, § 9.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-110 - Effect of judgment lien

A judgment lien of record shall not defeat a lien provided by this chapter, if the lien provided by this chapter is fixed on the real property in good faith and without collusion.
Code 1932, § 7942; T.C.A. (orig. ed.), § 64-1110; Acts 2007, ch. 189, § 10.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-111 - Authentication and registration of lien

Where the lienor's contract is in writing, and has been acknowledged, or in lieu of acknowledgment is sworn to by the prime contractor as to its execution by the owner, it may be recorded in the lien book in the register of deeds of the county where the real property, or any part of the affected real property, lies. Subsequent purchasers or encumbrancers for value shall be deemed to have notice of the lien so long as the recorded contract sets forth the contract price and describes the real property with reasonable certainty.
Code 1932, § 7918; T.C.A. (orig. ed.), § 64-1111; Acts 2007, ch. 189, § 11.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-113 - Materials exempt from attachment, execution or other process to enforce debt

Whenever materials have been furnished to improve real property and delivered to the real property by or for a lienor, and payment for the materials has not been made by the owner of the real property, the materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of the materials, except a debt due for the purchase price of the materials, so long as in good faith the materials are about to be applied to improve the real property; but if the owner has made payment for materials furnished, the materials shall not be subject to attachment, execution, or other process to enforce any debt, including the debt due for the purchase price for the materials.
Code 1932, § 7923; T.C.A. (orig. ed.), § 64-1113; Acts 2007, ch. 189, § 13.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-114 - Repossession and removal of materials

(a)
If for any reason an improvement is abandoned before completion or, though completed, materials delivered are not used for the improvement, a person who furnished materials for the improvement that have not been incorporated in the improvement, and for which the person has not received payment, may repossess and remove the materials; and thereupon the person shall not be entitled to any lien on the real property or improvements for the price of the materials, but shall have the same rights in regard to the materials as if the person had never parted with the possession.
(b)
(1)
The right to repossess and remove the materials shall not be affected by their sale, encumbrance, attachment or transfer from the site of the improvement subsequent to delivery to the site, except that the right to repossess shall not be effective as against a purchaser or encumbrancer of the materials in good faith whose interest in the materials arose since removal from the site of the improvement, or as against a creditor attaching after the removal.
(2)
The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing; but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price that has been paid.
Code 1932, § 7922; T.C.A. (orig. ed.), § 64-1114; Acts 2007, ch. 189, § 14.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-115 - Liens by remote contractors

(a)
Every remote contractor shall have the lien provided by this part for work or labor performed or materials, services, equipment, or machinery furnished by the remote contractor in furtherance of the improvement; provided, that the remote contractor:
(1)
Satisfies all of the requirements set forth in §
66-11-145
, if applicable; and
(2)
Within the time provided for recording sworn statements set out in §
66-11-112(a)
, serves a notice of lien, in writing, on the owner of the property on which the improvement is being made.
(b)
The lien shall continue for the period of ninety (90) days from the date of service of notice in favor of the remote contractor, and until the final termination of any suit for its enforcement properly brought pursuant to §
66-11-126
within that period.
(c)
The notice of lien may be in substantially the form provided in §
66-11-112(d)
.
Code 1858, § 1986 (deriv. Acts 1845-1846, ch. 118, § 2); Acts 1881, ch. 67, § 2; 1889, ch. 103, § 1; Shan., § 3540; Acts 1927, ch. 35, §§ 1, 2; mod. Code 1932, § 7927; T.C.A. (orig. ed.), § 64-1115; Acts 1990, ch. 854, § 4; 2007, ch. 189, § 15.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-119 - Amendment of notice of lien

(a)
Any notice of lien served or recorded as provided in this chapter may be amended at any time during the period allowed for serving or recording the notice; provided, that the notice and amendment are served or recorded in good faith and the amendment is not shown to be prejudicial to another interested person.
(b)
Any amendment of the notice of lien shall be served or recorded in the same manner as is provided for the original notice.
Code 1932, §§ 7930, 7931; T.C.A. (orig. ed.), § 64-1119; Acts 2007, ch. 189, § 18.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-120 - Lien limited to contract price and extras in the contract

The claims secured by lien for work, labor, materials, equipment, services, machinery, overhead and profit, shall not exceed the contract price and extras in the contract between the owner and the prime contractor.
Code 1858, § 1988 (deriv. Acts 1845-1846, ch. 118, § 2); Shan., § 3544; mod. Code 1932, § 7937; T.C.A. (orig. ed.), § 64-1120; Acts 2007, ch. 189, § 19.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-121 - Insurance proceeds subject to liens

(a)
The proceeds of any insurance that by the terms of the policy are payable to the owner of real property improved, and are actually received by or are to be received by the owner because of the destruction or removal by fire or other casualty of an improvement on which lienors have performed labor, or for which they have furnished materials, services, equipment, or machinery shall, after the owner has been reimbursed from the proceeds for premiums paid for the insurance by the owner, if any, be subject to liens provided by this chapter to the same extent and in the same order of priority as the real property would have been had the improvement not been so destroyed or removed.
(b)
The proceeds of any insurance that by the terms of the policy are payable to a prime contractor or remote contractor, and are received or to be received by the prime contractor or remote contractor, shall, after the prime contractor or remote contractor has been reimbursed from the proceeds for premiums paid for the insurance by the prime contractor or remote contractor, if any, be liable for the payment for labor or materials, services, equipment, or machinery furnished and for which the prime contractor or remote contractor is liable in the same manner and under the same conditions as payments to the prime contractor or remote contractor under the contract would have been had the improvements not been so destroyed or removed.
Code 1932, § 7934; T.C.A. (orig. ed.), § 64-1121; Acts 2007, ch. 189, § 20.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-122 - Transfer of debt without notice

This lien shall not pass to any person to whom the debt is transferred without notice of the lien.
Code 1858, § 1989 (deriv. Acts 1845-1846, ch. 118, § 2); Shan., § 3545; mod. Code 1932, § 7938; T.C.A. (orig. ed.), § 64-1122; Acts 2007, ch. 189, § 21.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-123 - Transfer of debt by contractor

The lien of another shall not be lost where any prime contractor or remote contractor has transferred or assigned the debt or charge due that lienor.
Code 1858, § 1990 (deriv. Acts 1845-1846, ch. 118, § 2); Acts 1885, ch. 8; Shan., § 3546; mod. Code 1932, § 7941; T.C.A. (orig. ed.), § 64-1123; Acts 2007, ch. 189, § 22.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-125 - Maintaining an action on a contract not precluded

Nothing in this chapter shall be construed to prevent any lienor under any contract from maintaining an action on the contract as if the lienor had no lien for the security of the lienor's debt, and the bringing of the action shall not prejudice the lienor's rights under this chapter.
Code 1932, § 7940; T.C.A. (orig. ed.), § 64-1125; Acts 2007, ch. 189, § 24.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-127 - Suits against personal representatives

The provision of title 30, chapter 2, part 5, prohibiting the bringing of suits against personal representatives after the grant of letters shall not apply to suits brought under this chapter.
Code 1932, § 7946; T.C.A. (orig. ed.), § 64-1127; Acts 2007, ch. 189, § 26.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-128 - Enforcement against persons adjudicated incompetent

(a)
If the labor, improvements, materials, services, equipment, or machinery are furnished for work done on the lands of any infant, person adjudicated incompetent, or cestui que trust, and in excusable ignorance on the part of the prime contractors or remote contractors, of the person's lack of legal capacity, the prime contractors or remote contractors shall have the right, after serving ten (10) days' notice on any guardian, conservator or trustee of the person, within which period satisfaction may be made, to take and remove the parts of the property on which their labor was performed, or their materials, services, equipment, or machinery or other property was used, the removal to be only of enough to satisfy their true claim and to be without substantial injury to the property of the person as it stood prior to improvement.
(b)
As an alternative to the remedy under subsection (a), the court, in the enforcement of a lien provided by this chapter, may order the improvement to be separately sold and the purchaser may remove the improvement within such reasonable time as the court may fix. The purchase price for the improvement shall be paid into court. The owner of the land upon which the improvement was made may demand that the land be restored to substantially its condition before the improvement was commenced, in which case the court shall order its restoration, and the reasonable charge for the restoration shall be first paid out of the purchase price and the balance shall be paid to lienors and other encumbrancers in accordance with their respective rights.
Acts 1889, ch. 103, § 2; Shan., § 3533; mod. Code 1932, § 7920; T.C.A. (orig. ed.), § 64-1128; Acts 2007, ch. 189, § 27; 2011, ch. 47, § 71.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-129 - Right of removal from lands of persons under disability

The right of removal provided in §
66-11-128
shall apply on like terms and in like manner as in other cases of superior titles or liens, when the work was done by the prime contractor or remote contractor in excusable ignorance of the rights of such persons.
Acts 1899, ch. 103, § 2; Shan., § 3534; mod. Code 1932, § 7921; T.C.A. (orig. ed.), § 64-1129; Acts 2007, ch. 189, § 28.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-130 - Demand for enforcement of lien

Upon written demand of the owner, the owner's agent, or prime contractor, served on the lienor, requiring the lienor to file a complaint, petition, or civil warrant to enforce the lienor's lien, and describing the real property in the demand, the proceeding must be commenced, or the claim filed in a creditors' or foreclosure proceeding, within sixty (60) days after service, or the lien is forfeited.
Amended by 2020 Tenn. Acts, ch. 749, s 3, eff. 7/1/2020.
Code 1932, § 7947; T.C.A. (orig. ed.), § 64-1130; Acts 2007 , ch. 189, § 29.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-131 - Joinder of petitioners

Where there are several persons entitled to the lien given by this chapter, all or any number of them may join in one (1) suit; or upon the filing by one (1) or more of the lienors of a complaint, petition, or civil warrant for the benefit of all lienors, any other lienor may come in by petition, under oath, without suing out a new attachment, by giving bond and security, with effect as if the attachment, if any, had been taken out by the petitioner.
Amended by 2020 Tenn. Acts, ch. 749, s 4, eff. 7/1/2020.
Code 1858, § 3544; Shan., § 5307; mod. Code 1932, § 7949; T.C.A. (orig. ed.), § 64-1131; Acts 2007 , ch. 189, § 30.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-132 - Consolidation of proceedings

If separate complaints, petitions, or civil warrants to enforce liens provided by this chapter are brought in the same court, then they must be consolidated; and if in different courts, the proceedings may, upon application, be removed into the court, if a court of record, in which the first complaint, petition, or civil warrant was filed, and there consolidated, unless the later proceeding is one for the benefit of all lienors, in the nature of a lien-creditors' bill, in which event earlier proceedings not of that nature must be consolidated into the lien-creditors' bill, on petition.
Amended by 2020 Tenn. Acts, ch. 749, s 5, eff. 7/1/2020.
Code 1858, § 3546; Shan., § 5309; mod. Code 1932, § 7950; T.C.A. (orig. ed.), § 64-1132; Acts 2007 , ch. 189, § 31.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-133 - Adjudication of conflicting rights in consolidated proceeding

The court is authorized to adjudicate, in a consolidated proceeding, the conflicting rights of the parties claiming liens, among themselves; and to enforce the same according to priorities, if any.
Amended by 2020 Tenn. Acts, ch. 749, s 6, eff. 7/1/2020.
Code 1858, § 3545; Shan., § 5308; mod. Code 1932, § 7951; T.C.A. (orig. ed.), § 64-1133; Acts 2007 , ch. 189, § 32.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-134 - Enforcement in general sessions court

(a)
When the lien is enforced by a civil warrant before a court of general sessions, and when an attachment has been levied on the lot or land and judgment rendered, the papers shall be returned to the circuit court, there to be proceeded with as in the case of a court of general sessions execution levied on land.
(b)
(1)
No court of general sessions' attachment in any such case shall be a lien on the land, unless, within twenty (20) days after the levy of attachment, an abstract of the levy of attachment, showing the name of the plaintiff and defendant, the date and amount of the claim, and a description of the premises affected, is filed for registration in the lien book in the office of the register of the county in which the real property, or any affected portion of the real property, lies.
(2)
The register shall index the abstract, as the indexer is required to index deeds, and, for the registration and indexing, the indexer shall receive the sum prescribed by §
8-21-1001
.
Amended by 2020 Tenn. Acts, ch. 749, s 7, eff. 7/1/2020.
Code 1858, §§ 3547-3549 (deriv. Acts 1857-1858, ch. 62, §§ 1, 2); Shan., §§ 5310-5312; mod. Code 1932, §§ 7952-7954; modified; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 64-1134 -- 64-1136; Acts 2007 , ch. 189, § 33.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-135 - Release of lien - Recording release

(a)
If a lienor whose lien has been forfeited, expired, satisfied or adjudged against the lienor in a proceeding on the lien, fails to cause the lien provided by this chapter to be released within thirty (30) days after service of written notice demanding release, the lienor shall be liable to the owner for all damages arising therefrom, and costs, including reasonable attorneys' fees, incurred by the owner.
(b)
The release shall be recorded in the office where the notice of lien was recorded. The fee for recording shall be the fee required for the recording of a release or satisfaction of a mortgage as provided by law.
(c)
For the purpose of this section, a lien shall be deemed released on the day on which the release of the lien is recorded in the proper office.
Amended by 2020 Tenn. Acts, ch. 749, s 8, eff. 7/1/2020.
Code 1932, § 7935; T.C.A. (orig. ed.), § 64-1137; Acts 2007 , ch. 189, § 34.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-136 - Property owner's right to bond against enforcement of liens

The owner of the property on which the improvement is made has the right to demand a bond from the prime contractor to protect the owner in case of the enforcement of a lien under this chapter by one (1) or more remote contractors; and in the event the prime contractor is paid for the work done, or any part of it, that is subject to a lien by a remote contractor, then on payment by the owner to the remote contractor of the amount due, the owner shall have judgment for the amount by filing a complaint, petition, or civil warrant against the bond in any court having jurisdiction in such cases; but the prime contractor shall have the right to contest the legality and amount of the claim of the remote contractors before the prime contractor is held liable.
Amended by 2020 Tenn. Acts, ch. 749, s 9, eff. 7/1/2020.
Acts 1889, ch. 103, § 3; Shan., § 3542; mod. Code 1932, § 7932; T.C.A. (orig. ed.), § 64-1138; Acts 2007 , ch. 189, § 35.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-137 - Owner's misapplication of loan proceeds - Violation

(a)
Any owner who procures a loan secured by a mortgage or other encumbrance on certain real property, representing that the proceeds of the loan are to be used for the purpose of improving real property, and who, with intent to defraud, uses the proceeds or any part of the proceeds for any other purpose than to pay for labor performed on, or materials, services, equipment, or machinery furnished for the real property, and overhead and profit related thereto while any amount for the labor, materials, services, equipment, machinery, overhead or profit remains unpaid, or while any amount of which the owner has received notice of nonpayment prescribed by this chapter remains unpaid, shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the loan proceeds.
(b)
A violation of subsection (a) is a Class E felony.
Code 1932, § 7943; T.C.A. (orig. ed.), § 64-1139; Acts 1989, ch. 591, § 88; 2007, ch. 189, § 36.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-138 - Contractor's misapplication of payments - Violation

(a)
(1)
Any prime contractor or remote contractor who, with intent to defraud, uses the proceeds of any payment made to that contractor on account of improving certain real property for any purpose other than to pay for labor performed on, or materials, services, equipment, or machinery furnished by that contractor's order for the real property, and overhead and profit related thereto, while any amount for the labor, materials, services, equipment, machinery, overhead, or profit remains unpaid shall be liable to an injured party for any damages and actual expenses incurred, including attorneys' fees, if the damages and expenses incurred are the result of the misapplication of the payment.
(2)
A violation of subdivision (a)(1) is a Class E felony.
(b)
Notwithstanding subsection (a), there is no violation of this section when:
(1)
Funds are disbursed pursuant to written agreement; or
(2)
The use of funds received and deposited in a business account for use on multiple construction projects is based on the allocation of costs and profits in accordance with generally accepted accounting principles for construction projects.
Code 1932, § 7944 (Williams, § 7944a); T.C.A. (orig. ed.), § 64-1140; Acts 1989, ch. 591, § 89; 2004, ch. 688, § 1; 2007, ch. 189, § 37.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-139 - Exaggeration of claims by lienor

If, in any proceeding to enforce the lien provided by this chapter, the court finds that any lienor has willfully and grossly exaggerated the amount for which that person claims a lien, as stated in that person's notice of lien or pleading filed, in the discretion of the court, no recovery may be allowed thereon, and the lienor may be liable for any actual expenses incurred by the injured party, including attorneys' fees, as a result of the lienor's exaggeration.
Amended by 2020 Tenn. Acts, ch. 749, s 10, eff. 7/1/2020.
Code 1932, § 7944; T.C.A. (orig. ed.), § 64-1141; Acts 2007 , ch. 189, § 38.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-140 - Misuse of proceeds prima facie evidence of intent to defraud

Use of the proceeds as enumerated in §§
66-11-137
- 66-11-139 for any purpose other than either payment pursuant to written agreement between the parties or in accordance with the allocation of costs and profits under generally accepted accounting principles for construction projects shall be prima facie evidence of intent to defraud. Use of a single business bank account for multiple projects shall not be evidence of intent to defraud.
Code 1932, § 7945; T.C.A. (orig. ed.), § 64-1142; Acts 2004, ch. 688, § 2; 2007, ch. 189, § 39.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-141 - Well-drilling lien

(a)
There is created a lien against the tract of land, on which any person, firm or corporation has drilled a well by contract with the owners of the land or their duly authorized agent, for all labor, materials and equipment used or furnished by the driller of the well, including any pump, apparatus or other fixtures attached to the well, installed by the driller.
(b)
The lien shall remain against the land for a period of two (2) years after the completion of the well or after the furnishing of any pump or apparatus attached to the well, unless sooner discharged by full payment.
(c)
The lien may be enforced by attachment of the land in a proceeding brought in any court of competent jurisdiction prior to the expiration of the lien, and the land may be sold in satisfaction of the unpaid indebtedness owing to the driller.
(d)
The rights of the lienor under this section shall be subject to the terms of §
66-11-112
.
Acts 1949, ch. 267, §§ 1-3; mod. C. Supp. 1950, § 8028.1 (Williams, §§ 7959.1-7959.3); T.C.A. (orig. ed.), § 64-1143; Acts 2007 , ch. 189, § 40.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-146 - "Residential real property" defined - "General contractor" defined - Liens on residential real property

(a)
(1)
As used in this subsection (a), "residential real property" means a building consisting of one (1) dwelling unit in which the owner of the real property intends to reside or resides as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located, and also means a building consisting of two (2), three (3) or four (4) dwelling units where the owner of the real property intends to reside or resides in one (1) of the units as the owner's principal place of residence, including improvements to or on the parcel of property where the residential building is located.
(2)
Notwithstanding any other law to the contrary, except as provided in subsection (b), on contracts to improve residential real property, a lien or right of lien on the property shall exist only in favor of a prime contractor.
(b)
(1)
As used in this subsection (b):
(A)
"General contractor" means the person responsible for the supervision or performance of substantially all of the work, labor, and the furnishing of materials in furtherance of the improvement to the property; and
(B)
"Residential real property" means improvements to or on a parcel of property upon which a building is constructed or is to be constructed consisting of one (1) dwelling unit intended as the principal place of residence of a person or family.
(2)
When the owner of residential real property and the general contractor are one and the same person, or a person controls entities owning the property and a general contracting business, a lien or right of lien upon the property shall exist only in favor of the lienors in contractual privity with the owner or general contractor.
Acts 1990, ch. 735, § 1; 1990, ch. 854, § 8; 1991, ch. 280, § 1; 2007 , ch. 189, § 45; 2008 , ch. 811, §§ 5, 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-147 - Liens on gas, oil or other mineral leaseholds

(a)
Any person who performs labor or furnishes materials, supplies, fixtures, machinery or other things of value to a lessee holding or owning a leasehold, or any right conferred by a lease, relating to oil, gas or other minerals, in the development or improvement of the leasehold, by contract with or by the written consent of the owner or the agent or representative of the owner of the leasehold, shall have a lien on the leasehold or the entire interest of the lessee, including oil or gas wells, machinery and equipment, to secure the payment for the labor or things furnished. If the labor or things are furnished at the written request or by written consent of any prime contractor or remote contractor, or the agent of either, the lien shall be for the benefit of whomever furnishes any of the labor or things mentioned. The lien provided for in this section shall be effective against the leasehold, or the entire interest of the lessee, including all improvements belonging to the lessee.
(b)
The lien shall relate to and take effect from the time of the delivery of the materials, supplies, fixtures, or machinery, or from the date of furnishing of any labor.
(c)
If unpaid, the lien shall expire and be of no effect after ninety (90) days, unless the person furnishing the labor, materials, or supplies, files with the register's office in the county in which the leasehold is located, the sworn statement as provided in §
66-11-112
. A copy of the notice shall also be served to the owner of the property and the holder of the leasehold.
(d)
A lien provided in this section shall have precedence over all other subsequent liens or conveyances after the time of attachment; provided, that the sworn statement is filed within the ninety-day period provided in this section.
(e)
Section
66-11-120
shall apply to this lien.
Acts 2006, ch. 654, § 1; 2007, ch. 189, § 46.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-148 - Construction of chapter - Jurisdiction of courts to enforce - Errors and omissions

(a)
This chapter is to be construed and applied liberally to secure the beneficial results, intents, and purposes of the chapter.
(b)
Substantial compliance with this chapter is sufficient for the validity of liens arising under this chapter and to give jurisdiction to the court to enforce the liens.
(c)
Any document required or permitted to be served, recorded or filed by this chapter that substantially satisfies the applicable requirements of this chapter is effective even if it has nonprejudicial errors or omissions.
Acts 2007, ch. 189, § 47.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-149 - Presumption of correctness of information on building permit - Service on listed agents or owners - Method of service - Presumption of complete service

(a)
For purposes of §
66-11-145
, the name of any owner, the owner's agent, any prime contractor, any remote contractor, or any other person, their addresses, and the real property description stated in a building permit authorizing the improvement shall be presumed to be correct and, in the case of property description, sufficient to identify the real property.
(b)
If one (1) or more agents are specified on the building permit, service on a listed agent shall be deemed to be service on all of the agent's principals, including those who have not separately listed an agent. If one (1) or more owners are specified on the building permit, service on the listed owner or owners shall be deemed to be service on all owners, including those not listed.
(c)
For the purposes of this chapter, except as provided in §
66-11-108
, any notice or other document required or permitted to be served shall be served by one (1) or more of the following means:
(1)
Registered or certified mail, return receipt requested;
(2)
Hand delivery, evidenced by a sworn statement, properly notarized, confirming delivery; or
(3)
Any other commercial delivery service that provides written confirmation of delivery.
(d)
For purposes of this chapter, there is a rebuttable presumption that service is complete:
(1)
Upon receipt by the party being served by hand delivery;
(2)
Within three (3) business days of mailing if served by registered or certified mail, return receipt requested; or
(3)
One (1) business day after commercial, overnight delivery if served by that means.
Acts 2007, ch. 189, § 48; 2008, ch. 811, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 1 - GENERAL PROVISIONS (§§ 66-11-101 — 66-11-150) › Section 66-11-150 - Prohibited liens

Notwithstanding any law in this chapter or any other law to the contrary, no lien, otherwise authorized pursuant to this chapter, shall be available on residential real property, as that term is defined by §
66-11-146(b)(1)
, to any person, firm or corporation that performs residential construction, including home improvement as defined by §
62-6-501(4)
, if:
(1)
The person, firm or corporation is not licensed pursuant to title 62, chapter 6; and
(2)
The jurisdiction in which the work is performed requires such person, firm or corporation to be licensed in accordance with such chapter.
Acts 2010 , ch. 749, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-201 - Short title

This part shall be known and may be cited as the "Truth in Construction and Consumer Protection Act of 1975."
Acts 1975, ch. 364, § 1; T.C.A., § 64-1152.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-202 - Part definitions

As used in this part, unless the context or subject matter indicates another meaning, the words and phrases defined in §
66-11-101
, as amended and as may from time to time be amended, have the same meaning as set out in that section and such §
66-11-101
as amended and as may from time to time be amended is incorporated in this part by reference.
Acts 1975, ch. 364, § 2; T.C.A., § 64-1153.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-203 - Notice to owner

Any contractor who is about to enter into a contract, either written or oral, for improving residential real property, as that term is defined by §
66-11-146
, with the owner or owners thereof shall, prior to commencing the improvement of the residential real property or making of the contract, deliver, by registered mail or otherwise, to the owner or owners of the residential real property to be improved written notice in substantially the following form:
Delivered this ____________________ day of ____________________, 20____________________, by ______________, Contractor.
The above-captioned contractor hereby gives notice to the owner of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of the state law (§§
66-11-101
- 66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the above-mentioned contractor who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished.
____________________ Contractor
Amended by 2020 Tenn. Acts, ch. 749, s 12, eff. 7/1/2020.
Acts 1975, ch. 364, § 3; 1977, ch. 456, § 1; T.C.A., § 64-1154; Acts 1994, ch. 587, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-204 - Rejection of contracts

An owner of residential real property may reject a contract by notifying the contractor by written notice by registered mail within three (3) days after receipt of the notice required in §
66-11-203
; otherwise the contract is affirmed.
Amended by 2020 Tenn. Acts, ch. 749, s 13, eff. 7/1/2020.
Acts 1975, ch. 364, § 4; 1977, ch. 456, § 2; T.C.A., § 64-1155.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-205 - Contractor's notice to owner that all liens have been paid - Guarantee - Form

Upon completion of the contract or improvement and upon receipt of the contract price, the prime contractor shall deliver by registered mail or otherwise to the owner or owners of the real property a sworn affidavit and receipt substantially in the following form:
State of Tennessee
County of ____________________
On this ____________________day of ____________________, 20____________________, before me personally appeared ______________ (if a corporation use "____________________ President (or other officer) of (Corporate Name) a corporation"), prime contractor, to me personally known, who being duly sworn by oath, did say that all of the persons, firms, and corporations, including the prime contractor and all remote contractors and laborers, who have furnished services, labor, or materials according to the plans or specifications, or extra items used in the construction or repair of buildings and improvements on the real estate hereinafter described, have been paid in full or will be paid in full no later than ten (10) days from the date a bill is rendered for such services, labor, or materials and that such work has been fully completed and accepted by the owner, and further that such owner has paid the contract price in full, the receipt of which is hereby acknowledged. Affiant further says that no claims have been made to affiant by, nor is any suit pending on behalf of the prime contractor or any remote contractors or laborers, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in the aforementioned premises. Affiant as a party does for a valuable consideration hereby agree and guarantee to hold the owner of the real estate, the owner's successors, heirs and assigns, harmless against any lien, claim, or suit by any remote contractor or laborer and against chattel mortgages or conditional bills of sale in conjunction with the construction of such buildings or improvements on such real estate.
The real estate and improvements referred to herein are situated in the County of ______________, State of Tennessee, and are described as follows: (give street address)
____________________
Prime Contractor
Sworn to and subscribed before me
on the date above first written.
____________________
Notary Public
My Commission Expires: ______________
Amended by 2020 Tenn. Acts, ch. 749, s 14, eff. 7/1/2020.
Acts 1975, ch. 364, § 5; 1977, ch. 456, § 3; T.C.A., § 64-1156.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-206 - Noncompliance by contractor - Misdemeanor - Penalties - Owner remedies

(a)
In the event that any materialmen's liens or mechanics' liens are perfected, filed or enforced under part 1 of this chapter against any real estate for transactions covered under §§
66-11-203
and
66-11-205
and the contractor has not complied with §§
66-11-203
and
66-11-205
or if having technically complied with this part has willfully, knowingly and unlawfully falsified any statements or fraudulently obtained any permission, the contractor commits a Class B misdemeanor.
(b)
Nothing contained in this part shall abrogate the right of any person who is materially or personally damaged or injured by any contract covered by this part to seek such person's remedies against the responsible person in the courts.
(c)
Noncompliance with §§
66-11-203
and
66-11-205
shall in no way affect the lien rights of a contractor, actually performing the work and having a contract directly with an owner, or the owner's agent, to enforce a lien as provided in §
66-11-102
.
Amended by 2020 Tenn. Acts, ch. 749, s 15, eff. 7/1/2020.
Acts 1975, ch. 364, § 6; 1977, ch. 456, § 4; T.C.A., § 64-1157; Acts 1982, ch. 941, §§ 1, 2; 1989, ch. 591, § 112.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 11 - MECHANICS' AND MATERIALMEN'S LIENS (§§ 66-11-101 — 66-11-208) › Part 2 - TRUTH IN CONSTRUCTION AND CONSUMER PROTECTION ACT OF 1975 (§§ 66-11-201 — 66-11-208) › Section 66-11-207 - Effect on other laws

This part shall not operate to repeal or affect any of the laws of the state relating to mechanics' and materialmen's liens, specifically part 1 of this chapter, but shall be held and construed as ancillary and supplemental thereto.
Acts 1975, ch. 364, § 7; T.C.A., § 64-1158.