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§ 1303. Lien not allowed in certain cases

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. § 1303
§ 1303. Lien not allowed in certain cases
(a) Persons other than contractors or subcontractors. No lien shall be allowed in favor of any person other than a contractor or subcontractor, as defined herein, even though such person furnishes labor or materials to an improvement.
(b) Public purpose. No lien shall be allowed for labor or materials furnished for a purely public purpose.
(c) Conveyance prior to lien. If the property by conveyed in good faith and for a valuable consideration prior to the filing of a claim for alterations or repairs, the lien shall be wholly lost.
(d) Leasehold premises. No lien shall be allowed against the estate of an owner in fee by reason of any consent given by such owner to a tenant to improve the leased premises unless it shall appear in writing signed by such owner that the erection, construction, alteration or repair was in fact for the immediate use and benefit of the owner.
(e) Security interests. No lien shall be allowed for that portion of a debt representing the contract price of any materials against which the claimant holds or has claimed a security interest under the Pennsylvania Uniform Commercial Code or to which he has reserved title or the right to reacquire title.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. III, § 303.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Subsection (a). This subsection is new. There is no exact counterpart in the Act of 1901. It declares existing decisional law and for sake of emphasis has been placed in Section 303 as a caveat.
Subsection (b). Taken from Section 2, Act of 1901, 49 P.S. 22. The express references of that section exemption property of lunatics, guardians of minors, or trustees, unless the work was undertaken by authority of the court or of power contained in the deed or will, are omitted as unnecessary since these are matters of general substantive law. The omission of reference to lunatics, minors, and trustees is not intended to effect any change in the law.
Subsection (c). Taken from Section 13, Act of 1901, 49 P.S. 203, Supp. The provisions of that section of the Act of 1901 which gave priority to mechanics' liens over advance money mortgages were declared unconstitutional, Page v. Carr, 232 Pa. 371 (1911), 81 A. 430, and these provisions are therefore omitted from the present act. The provision protecting purchasers in good faith from inchoate, unrecorded liens for alterations and repairs is a salutary provision which is retained.
Subsection (d). Taken from Section 2, Act of 1901, 49 P.S. 24.
Subsection (e). The first part of this subsection, referring to the Uniform Commercial Code, is an adaptation of the Act of 1935, July 12, P.L. 667, 49 P.S. 32, Supp., which makes reference to conditional sales, bailment leases, etc., all of which are supplanted by the Uniform Commercial Code. Prior to the amending Act of 1935, supra, the court held that reservation of title and right to remove did not defeat a lien as to fixtures becoming a part of the real estate. Clayton v. Lienhard, 312 Pa. 433 (1933), 167 A. 321.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 2, 13.
1935, July 12, P.L. 667, § 1.
49 P.S. §§ 22, 24, 32, 203.
49 P.S. § 1303, PA ST 49 P.S. § 1303
Current through 2018 Regular Session Act 164 (End)
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