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§ 1304. Excessive curtilage

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' Liens

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article III. Right to Lien (Refs & Annos)
49 P.S. § 1304
§ 1304. Excessive curtilage
Where an owner objects that a lien has been claimed against more property than should justly be included therein, the court upon petition may, after hearing by deposition or otherwise, limit the boundaries of the property subject to the lien. Failure to raise this objection preliminarily shall not be a waiver of the right to plead the same as a defense thereafter.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. III, § 304.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 23, Act of 1901, 49 P.S. 133, and continues the former procedure. The last sentence is added to make clear that failure to object preliminarily will not constitute a waiver.
The omission of express reference to the right of lienholders or persons having an interest in the property to object is not intended to affect such right, which is governed by intervention rules 2326 et seq. (Pennsylvania Rules of Civil Procedure.)
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 3, 23.
49 P.S. §§ 25, 133.
49 P.S. § 1304, PA ST 49 P.S. § 1304
Current through 2018 Regular Session Act 164 (End)
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