State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 4

§  4. Extent of lien. (1) Such lien shall extend to the owner's right,  title or interest in the real property and improvements, existing at the  time of filing the notice of lien, or  thereafter  acquired,  except  as  hereinafter  in  this article provided. If an owner assigns his interest  in such real property  by  a  general  assignment  for  the  benefit  of  creditors,  within  thirty  days  prior  to  such filing, the lien shall  extend to the interest thus assigned. If any part of the  real  property  subjected  to  such lien be removed by the owner or by any other person,  at any time before the discharge thereof, such removal shall not  affect  the  rights  of  the  lienor,  either  in  respect to the remaining real  property, or the  part  so  removed.  If  labor  is  performed  for,  or  materials   furnished   to,   a   contractor  or  subcontractor  for  an  improvement, the lien shall not be for a sum greater than the sum earned  and unpaid on the contract at the time of filing the notice of lien, and  any sum subsequently earned thereon. In  no  case  shall  the  owner  be  liable  to pay by reason of all liens created pursuant to this article a  sum greater than the value or agreed price of the  labor  and  materials  remaining unpaid, at the time of filing notices of such liens, except as  hereinafter provided.    (2) Such lien shall not extend to the owner's right, title or interest  in  real  property  and improvements, existing at the time of filing the  notice of lien if such lien arises from the failure of a lessee  of  the  right  to  explore,  develop  or produce natural gas or oil, to pay for,  compensate or render value for improvements made with the consent or  at  the  request of such lessee by a contractor, subcontractor, materialman,  equipment operator  or  owner,  landscaper,  nurseryman,  or  person  or  corporation   who   performs   labor  or  furnishes  materials  for  the  exploration, development,  or  production  of  oil  or  natural  gas  or  otherwise  improves  such leased property. Such lien shall extend to the  improvements made for the exploration, development and production of oil  and natural gas, and the working interest held by a lessee of the  right  to explore, develop or produce oil and natural gas.    (3)  Notwithstanding  subdivision  two  if  a property owner is also a  developer of oil and gas resources and is a party to an agreement with a  person or firm authorized to perfect a lien arising out of  the  failure  of  such developer to compensate or render value for improvements to the  property upon which an oil or gas well is drilled  or  established,  the  lien  shall  extend  to  the  owners'  right  or  interest  in such real  property.

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 4

§  4. Extent of lien. (1) Such lien shall extend to the owner's right,  title or interest in the real property and improvements, existing at the  time of filing the notice of lien, or  thereafter  acquired,  except  as  hereinafter  in  this article provided. If an owner assigns his interest  in such real property  by  a  general  assignment  for  the  benefit  of  creditors,  within  thirty  days  prior  to  such filing, the lien shall  extend to the interest thus assigned. If any part of the  real  property  subjected  to  such lien be removed by the owner or by any other person,  at any time before the discharge thereof, such removal shall not  affect  the  rights  of  the  lienor,  either  in  respect to the remaining real  property, or the  part  so  removed.  If  labor  is  performed  for,  or  materials   furnished   to,   a   contractor  or  subcontractor  for  an  improvement, the lien shall not be for a sum greater than the sum earned  and unpaid on the contract at the time of filing the notice of lien, and  any sum subsequently earned thereon. In  no  case  shall  the  owner  be  liable  to pay by reason of all liens created pursuant to this article a  sum greater than the value or agreed price of the  labor  and  materials  remaining unpaid, at the time of filing notices of such liens, except as  hereinafter provided.    (2) Such lien shall not extend to the owner's right, title or interest  in  real  property  and improvements, existing at the time of filing the  notice of lien if such lien arises from the failure of a lessee  of  the  right  to  explore,  develop  or produce natural gas or oil, to pay for,  compensate or render value for improvements made with the consent or  at  the  request of such lessee by a contractor, subcontractor, materialman,  equipment operator  or  owner,  landscaper,  nurseryman,  or  person  or  corporation   who   performs   labor  or  furnishes  materials  for  the  exploration, development,  or  production  of  oil  or  natural  gas  or  otherwise  improves  such leased property. Such lien shall extend to the  improvements made for the exploration, development and production of oil  and natural gas, and the working interest held by a lessee of the  right  to explore, develop or produce oil and natural gas.    (3)  Notwithstanding  subdivision  two  if  a property owner is also a  developer of oil and gas resources and is a party to an agreement with a  person or firm authorized to perfect a lien arising out of  the  failure  of  such developer to compensate or render value for improvements to the  property upon which an oil or gas well is drilled  or  established,  the  lien  shall  extend  to  the  owners'  right  or  interest  in such real  property.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Lie > Article-2 > 4

§  4. Extent of lien. (1) Such lien shall extend to the owner's right,  title or interest in the real property and improvements, existing at the  time of filing the notice of lien, or  thereafter  acquired,  except  as  hereinafter  in  this article provided. If an owner assigns his interest  in such real property  by  a  general  assignment  for  the  benefit  of  creditors,  within  thirty  days  prior  to  such filing, the lien shall  extend to the interest thus assigned. If any part of the  real  property  subjected  to  such lien be removed by the owner or by any other person,  at any time before the discharge thereof, such removal shall not  affect  the  rights  of  the  lienor,  either  in  respect to the remaining real  property, or the  part  so  removed.  If  labor  is  performed  for,  or  materials   furnished   to,   a   contractor  or  subcontractor  for  an  improvement, the lien shall not be for a sum greater than the sum earned  and unpaid on the contract at the time of filing the notice of lien, and  any sum subsequently earned thereon. In  no  case  shall  the  owner  be  liable  to pay by reason of all liens created pursuant to this article a  sum greater than the value or agreed price of the  labor  and  materials  remaining unpaid, at the time of filing notices of such liens, except as  hereinafter provided.    (2) Such lien shall not extend to the owner's right, title or interest  in  real  property  and improvements, existing at the time of filing the  notice of lien if such lien arises from the failure of a lessee  of  the  right  to  explore,  develop  or produce natural gas or oil, to pay for,  compensate or render value for improvements made with the consent or  at  the  request of such lessee by a contractor, subcontractor, materialman,  equipment operator  or  owner,  landscaper,  nurseryman,  or  person  or  corporation   who   performs   labor  or  furnishes  materials  for  the  exploration, development,  or  production  of  oil  or  natural  gas  or  otherwise  improves  such leased property. Such lien shall extend to the  improvements made for the exploration, development and production of oil  and natural gas, and the working interest held by a lessee of the  right  to explore, develop or produce oil and natural gas.    (3)  Notwithstanding  subdivision  two  if  a property owner is also a  developer of oil and gas resources and is a party to an agreement with a  person or firm authorized to perfect a lien arising out of  the  failure  of  such developer to compensate or render value for improvements to the  property upon which an oil or gas well is drilled  or  established,  the  lien  shall  extend  to  the  owners'  right  or  interest  in such real  property.