Land subject to lien.
The land upon which or in connection with which any professional services are performed or any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if, at the commencement of the furnishing of professional services or other work, the furnishing of the material, or the renting, leasing or otherwise supplying of equipment, materials or fixtures as defined in section 28-12-309, Idaho Code, for the same, the land belonged to the person who caused said professional services to be performed or said building, improvement or structure to be constructed, altered or repaired, or such person was acting as the agent of the owner, but if such person owns less than a fee simple estate in such land, then only the interest of the person or persons causing the services or improvement therein is subject to such lien.
Notes of Decisions
Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC, 338 P.3d 1204 (Idaho 2014).
· cites it 21× “Accordingly, The Territorial Legislature appears to have recognized this difficulty and responded with Section 5128 of the 1887 Statutes [now I.C. § 45-505], which allows a mechanic or materialman to obtain a lien upon the “land upon which____any building, improvement or…”
Chief Indus., Inc. v. Schwendiman, 587 P.2d 823 (Idaho 1978).
· cites it 20× “I.C. § 45-505, provides: ... The land upon which or in connection with which any professional services *827 are performed or any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient…”
Bouten Constr. Co. v. H.F. Magnuson Co., 992 P.2d 751 (Idaho 1999).
· cites it 4× “nient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if, at the commencement of the furnishing of professional services or other work or of the…”
BMC West Corp. v. Horkley, 174 P.3d 399 (Idaho 2007).
· cites it 6× “§ 45-501 and I.C. § 45-505, BMC filed liens on the land on which the buildings were located, and on the buildings themselves.”
Beall Pipe & Tank Corp. v. Tumac Intermountain, Inc., 700 P.2d 109 (Idaho Ct. App. 1985).
· cites it 8× “Because the district court did not determine which of the four parcels the irrigation system called home, it obviously made no finding on this question. Respondents argue that Beall failed to prove where on the parcel in question the improvement was located and how much land was…”
Hopkins Nw. Fund, LLC v. Landscapes Unlimited, LLC, 264 P.3d 379 (Idaho 2011).
· cites it 7× “This would present an awkward situation where the lien holder attempts to realize upon his lien rights in a foreclosure action because, without an interest in the land upon which the structure sits, it might be difficult to realize an adequate price at an execution sale.”
Fairfax v. Ramirez, 982 P.2d 375 (Idaho Ct. App. 1999).
· cites it 3× “Accordingly, we remand the ease to the district court for further proceedings consistent with I.C. § 45-505 and this opinion. Judge LANSING and Judge Pro Tem HARDING, concur.”
Ross v. Olson, 523 P.2d 518 (Idaho 1974).
· cites it 2× “I.C. § 45-505. In upholding Ross’ lien, in spite of the erroneous property description contained in the claim of lien, the district court relied on the facts that Olson had not been misled and the rights of innocent third parties were not prejudiced.”
Durfee v. Parker, 410 P.2d 962 (Idaho 1965).
· cites it 2× “This contention involves the application of I.C. § 45-505, which provides: “The land upon which any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to…”
MacKey v. Eva, 328 P.2d 66 (Idaho 1958).
· cites it 2× “, provides that the land upon which any structure is constructed together with a convenient space about the same, or so much as may be required for the convenient use and occupation *267 thereof, to be determined by the court on rendering judgment, is also subject to the lien.…”
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