Whoever performs engineering or land surveying services with respect to real estate, or contributes to the improvement of real estate by performing labor, or furnishing skill, material or machinery for any of the purposes hereinafter stated, whether under contract with the owner of such real estate or at the instance of any agent, trustee, contractor or subcontractor of such owner, shall have a lien upon the improvement, and upon the land on which it is situated or to which it may be removed, that is to say, for the erection, alteration, repair, or removal of any building, fixture, bridge, wharf, fence, or other structure thereon, or for grading, filling in, or excavating the same, or for clearing, grubbing, or first breaking, or for furnishing and placing soil or sod, or for furnishing and planting of trees, shrubs, or plant materials, or for labor performed in placing soil or sod, or for labor performed in planting trees, shrubs, or plant materials, or for digging or repairing any ditch, drain, well, fountain, cistern, reservoir, or vault thereon, or for laying, altering or repairing any sidewalk, curb, gutter, paving, sewer, pipe, or conduit in or upon the same, or in or upon the adjoining half of any highway, street, or alley upon which the same abuts.
Notes of Decisions
Korsunsky Krank Erickson Architects, Inc. v. Walsh, 370 N.W.2d 29 (Minn. 1985).
· cites it 25× “The services provided must be lienable improvements as described in Minn.Stat. § 514.01 (1984) and the lien must be enforceable against the interest in the property held by the defendant.”
Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753 (Minn. 2010).
· cites it 4× “4 See Minn.Stat. § 514.01 (2008). But a lien claimant must follow the statutory procedures to perfect a mechanic’s lien.”
In Re Zachman Homes, Inc., 47 B.R. 496 (Bankr. D. Minn. 1984).
· cites it 30× “To understand just what the legislature intended by its reference to an “actual and visible beginning of the improvement,” it is helpful to refer to Minn.Stat. § 514.01. 2 That section defines “contrib-ut[ing] to the improvement of real estate” as the performing of labor, or…”
Gadtke v. Bren (In Re Bren), 284 B.R. 681 (Bankr. D. Minn. 2002).
· cites it 4× “Nothing contained in this subdivision shall require money to be placed in a separate account and not commingled with other money of the person receiving payment or create a fiduciary liability or tort liability on the part of any person receiving payment or entitle any person to…”
S.M. Hentges & Sons, Inc. v. Mensing, 777 N.W.2d 228 (Minn. 2010).
· cites it 4× “Minn.Stat. § 514.01 (2008). “Mechanic’s lien laws are strictly construed as to the question whether a lien attaches, but are construed liberally after the lien has been created.”
State v. Reps, 223 N.W.2d 780 (Minn. 1974).
· cites it 7× “1, provides as follows: “Whoever, on any improvement to real estate within the meaning of section 514.01, fails to use the proceeds of any payment made to him on account of such improvement by the owner of such real estate or person having any improvement made, for the payment…”
Eischen Cabinet Co. v. Hildebrandt, 683 N.W.2d 813 (Minn. 2004).
· cites it 2× “We note that the mechanics’ lien statutes, Minn.Stat §§ 514.01 to 514.17, are specifically excepted from the Rules of Civil Procedure governing the procedure in the district courts in all suits of a civil nature.”
Duluth Superior Erection, Inc. v. Concrete Restorers, Inc., 665 N.W.2d 528 (Minn. Ct. App. 2003).
· cites it 4× “The legislature also amended subdivision 1, which now provides in pertinent part: Proceeds of payments received by a person contributing to an improvement to real estate within the meaning of section 514.01 shall be held in trust by that person for the benefit of those persons…”
Angell v. Hennepin Cnty., 565 N.W.2d 475 (Minn. Ct. App. 1997).
· cites it 8× “" Minn.Stat. § 514.01 (1996) (providing for laborer's lien upon improvements); see also Kloster-Madsen, Inc.”
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.