35-15-05. Account filed with clerk - Recorded by clerk - Liens concurrent and paid
225 words·~1 min read·
/nd/title-35/chapter-35-15-miner-s-lien/35-15-05·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
pro rata.
Any person entitled to a lien under this chapter shall make a verified account in writing of the items of labor and material furnished and, within sixty days from the time of completing the labor or furnishing the last item of materials, shall file the account in the office of the clerk of the district court of the county where the lode, lead, ledge, mine, deposit, bank, or tunnel for which labor or material is furnished is situated. The person shall file, with the account, a correct description of the property to be charged with the lien. The account and description must be
recorded in a separate record and filing system to be provided for that purpose by the clerk of court. Thereupon the account will operate as a lien on the property charged in the description from the time of the completion of the work or furnishing the last item of material, and for one year thereafter. When labor or materials have been furnished under a written contract, the contract or a copy thereof must be filed with the account and description. All lien claims for labor or materials furnished must be concurrent liens upon the property charged and must be paid pro rata out of the proceeds arising from the sale of the property, if sold, or upon settlement without sale.