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La. Rev. Stat. § 9:4821 (2026)

Ranking of privileges arising under this Part

✓ current as of May 2026
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§4821. Ranking of privileges arising under this Part

            A. The privileges granted by this Part are superior to all mortgages and other privileges, regardless of the dates on which the mortgages or privileges become effective as to third persons, except as follows:

            (1) All privileges granted by this Part are inferior to privileges for ad valorem taxes or local assessments for public improvements against the immovable, privileges granted in favor of parishes for reasonable charges imposed on the immovable under R.S. 33:1236, privileges granted in favor of municipalities for reasonable charges imposed on the immovable under R.S. 33:4752, 4753, 4754, 4766, 5062, and 5062.1, and privileges granted in favor of a parish or municipality for reasonable charges imposed on the immovable under R.S. 13:2575.

            (2) Each privilege granted by this Part other than those arising under R.S. 9:4801(2) and those securing a claim arising under R.S. 9:4802(A)(2) is inferior to bona fide mortgages and vendor's privileges that are effective as to third persons before the privilege granted by this Part becomes effective as to third persons.

            B. Except as otherwise provided in Subsection C of this Section, the privileges granted by this Part rank among themselves in the following order of priority, regardless of whether they arise from the same work or different works and regardless of the dates on which the privileges become effective as to third persons:

            (1) Privileges granted by R.S. 9:4801(2) and those securing a claim arising under R.S. 9:4802(A)(2) rank first and concurrently with each other.

            (2) Privileges granted by R.S. 9:4801(3) and (4) and those securing a claim arising under R.S. 9:4802(A)(1), (3), and (4) rank next and concurrently with each other.

            (3) Privileges granted by R.S. 9:4801(1) and (5) and those securing a claim arising under R.S. 9:4802(A)(5) rank next and concurrently with each other.

            C. A privilege under this Part that is superior to a mortgage or vendor's privilege in accordance with Subsection A of this Section is also superior to all privileges under this Part that are inferior to the mortgage or vendor's privilege.

            D. A privilege under this Part encumbering a construction that is permanently attached to the ground and belongs to a person other than the landowner is superior to all conflicting security interests created under Chapter 9 of the Uniform Commercial Code other than those that were perfected before the privilege becomes effective against third persons or that are perfected by a financing statement filed before the privilege becomes effective against third persons, if there is no period thereafter when there is neither filing nor perfection.

            Acts 1990, No. 952, §1; Acts 1991, No. 353, §1; Acts 1995, No. 31, §2; Acts 1995, No. 1155, §1, eff. June 29, 1995; Acts 2004, No. 209, §1, eff. June 14, 2004; Acts 2012, No. 425, §1; Acts 2019, No. 325, §1.

NOTE: See Acts 2019, No. 325, §§6, 7, 8, and 10, regarding applicability.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1979–2024 · leading case: Hibernia Nat. Bank v. Belleville, 815 So. 2d 301 (La. Ct. App. 2002).
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Hibernia Nat. Bank v. Belleville, 815 So. 2d 301 (La. Ct. App. 2002). “R.S. 9:4821. Since we have found the Affidavit Creating Contractor's Lien is valid, it is effective as to third persons and relates back to the filing of the Notice of Construction Contract on March 26, 1998 at 3:27 p.”
Feingerts v. D'Anna (In re D'Anna), 548 B.R. 155 (Bankr. E.D. La. 2016). “R.S. 9:4821 and 38:2242.1. . See La. C.C.”
Welch v. Daigrepont, 378 So. 2d 607 (La. Ct. App. 1979). · cites it 6× “Thereafter, plaintiff filed this action seeking recovery of attorney's fees pursuant to LSA-R.S. 9:4821. [1] Plaintiff assigns as error the trial court's rendering of judgment in favor of defendant.”
Keybank Nat'l Ass'n v. Perkins Rowe Assocs., LLC, 823 F. Supp. 2d 399 (M.D. La. 2011). “R.S. 9:4821(3)-(4); La. R.S. 9:4820(A). The contractor’s privilege becomes effective under the terms of La.”
Tharpe & Brooks, Inc. v. Arnott Corp., 406 So. 2d 1 (La. Ct. App. 1981). “Intervenors also assert that the foreclosure was invalid because Tharpe did not produce proper authentic evidence, specifically, proof of the corporate mortgagee's authority to execute the mortgage.”
LaMoyne-Clegg Dev. v. Bonfanti-Fackrell, 509 So. 2d 43 (La. Ct. App. 1987). “9:4833(B), a defendant contractor who fails to deliver written authorization to cancel the lien without reasonable cause is liable for reasonable attorney's fees incurred by the *47 plaintiff owner.”
Landry v. Racca, 386 So. 2d 1013 (La. Ct. App. 1980). “Under LSA-R.S. 9:4821, pertaining to property other than residential, it must be shown that the refusal to cancel a lien was arbitrary and capricious in order to recover attorney’s fees.”
C & J Contractors v. Am. Bank & Tr., 559 So. 2d 810 (La. Ct. App. 1990). · cites it 3× “RANKING OF PRIVILEGES LSA-R.S. 9:4821 ranks the privileges granted by LSA-R.”
March v. Essex Crane Rental Corp. (In re Transocean Contractors, Inc.), 61 B.R. 71 (W.D. La. 1986). · cites it 2× “R.S. 9:4821. Had such a lien been acquired, Essex argues, it would have been fully secured, and thus would not have been preferred, i.”
Bradley Elec. Servs., Inc. v. 2601, L.L.C., 82 So. 3d 1242 (La. Ct. App. 2011). “R.S. 9:4821(G). In the instant case, we are faced with deficiencies that are more similar to those in Tee It Up Golf.”
Linzay Downs, Inc. v. R. E. Heidt Constr. Co., 397 So. 2d 5 (La. Ct. App. 1981). · cites it 2× “Pursuant to LSA-R.S. 9:4821 plaintiff, Linzay Downs, Inc.”
Brandner v. New Orleans Off. Supply Ctr., Inc., 654 So. 2d 858 (La. Ct. App. 1995). “R.S. 9:4821(1). Consequently, plaintiffs were legally subrogated to the City for the taxes they paid.”
Show all 14 citing cases →
La. Rev. Stat. § 9:4821(1): 1 case
Brandner v. New Orleans Off. Supply Ctr., Inc., 654 So. 2d 858 (La. Ct. App. 1995). “R.S. 9:4821(1). Consequently, plaintiffs were legally subrogated to the City for the taxes they paid.”
La. Rev. Stat. § 9:4821(3): 2 cases
Keybank Nat'l Ass'n v. Perkins Rowe Assocs., LLC, 823 F. Supp. 2d 399 (M.D. La. 2011). “R.S. 9:4821(3)-(4); La. R.S. 9:4820(A). The contractor’s privilege becomes effective under the terms of La.”
C & J Contractors v. Am. Bank & Tr., 559 So. 2d 810 (La. Ct. App. 1990). “RANKING OF PRIVILEGES LSA-R.S. 9:4821 ranks the privileges granted by LSA-R.”
La. Rev. Stat. § 9:4821(A)(1): 1 case
Tbm Inv. Props., LLC v. Alicia Danielle Kasney, No. 2024-CA-0306 (La. Ct. App. Nov. 27, 2024).
La. Rev. Stat. § 9:4821(G): 1 case
Bradley Elec. Servs., Inc. v. 2601, L.L.C., 82 So. 3d 1242 (La. Ct. App. 2011). “R.S. 9:4821(G). In the instant case, we are faced with deficiencies that are more similar to those in Tee It Up Golf.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.