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Subdivision 1.Generally.
All liens, as against the owner of the land, shall attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement, and shall be preferred to any mortgage or other encumbrance not then of record, unless the lienholder had actual notice thereof. As against a bona fide purchaser, mortgagee, or encumbrancer without actual or record notice, no lien shall attach prior to the actual and visible beginning of the improvement on the ground, but a person having a contract for the furnishing of labor, skill, material, or machinery for the improvement, may file for record with the county recorder of the county within which the premises are situated, or, if claimed under section 514.04, with the secretary of state, a brief statement of the nature of the contract, which statement shall be notice of that person's lien only.
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Subd. 2.Exception.
Visible staking, engineering, land surveying, and soil testing services do not constitute the actual and visible beginning of the improvement on the ground referred to in this section. This subdivision does not affect the validity of the liens of a person or the notice provision provided in this chapter and affects only the determination of when the actual and visible beginning of the improvement on the ground, as the term is used in subdivision 1, has commenced.
Notes of Decisions
Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC, 790 N.W.2d 167 (Minn. 2010).
· cites it 98× “The district court entered judgment in favor of KKE, concluding that respondents had actual notice of KKE’s mechanic’s lien under Minn.Stat. § 514.05 (2008), and therefore the lien has priority over the mortgages.”
Imperial Developers, Inc. v. Calhoun Dev., LLC, 775 N.W.2d 895 (Minn. Ct. App. 2009).
· cites it 56× “Did the district court err in granting summary judgment in favor of respondents after concluding that respondents' mortgage interests were of record within the meaning of Minn.Stat. § 514.05, subd. 1? II. Did the district court err in concluding that appellants had actual notice…”
Big Lake Lumber, Inc. v. Sec. Prop. Investments, Inc., 836 N.W.2d 359 (Minn. 2013).
· cites it 52× “” Minn. Stat. § 514.05 , subd. 1. As the court of appeals noted, the parties’ dispute concerns whether Big Lake Lumber and Des-Marais Construction contributed to the same improvement begun by Wrack in August 2005.”
Imperial Developers, Inc. v. Calhoun Dev., LLC, 790 N.W.2d 146 (Minn. 2010).
· cites it 20× “The arguments of the parties center on when a mortgage is “of record” under Minn.Stat. § 514.05 (2008), an issue of first impression in Minnesota.”
In Re Zachman Homes, Inc., 47 B.R. 496 (Bankr. D. Minn. 1984).
· cites it 44× “The time at which all mechanic’s liens attach is governed by Minn.Stat. § 514.05. 1 *509 That section provides that as against a mortgagee “no lien shall attach prior to the actual and visible beginning of the improvement on the ground.”
Comstock & Davis, Inc. v. G.D.S. & Assocs., 481 N.W.2d 82 (Minn. Ct. App. 1992).
· cites it 20× “The court found the mortgage of First Trust was prior and superior to the mechanics’ lienholders under Minn.Stat. § 514.05 (1986). The parties, by stipulation, determined amounts due under the liens, and final judgment was entered.”
Jadwin v. Kasal, 318 N.W.2d 844 (Minn. 1982).
· cites it 8× “Minn. Stat. § 514.05 (1980). An exception to this rule is the priority given to an executed, but unrecorded, mortgage of which a mechanics lienor had actual notice at the time the lien attached.”
Thompson Plumbing Co. v. McGlynn Companies, 486 N.W.2d 781 (Minn. Ct. App. 1992).
· cites it 33× “The trial court held that the liens were valid, but that under Minn.Stat. § 514.05 (Supp.1987) the mortgage had priority over the liens because the liens could not relate back to the staking of the lot corners.”
Kloster-Madsen, Inc. v. Tafi's, Inc., 226 N.W.2d 603 (Minn. 1975).
· cites it 7× “1971, § 514.05, before the Prudential mortgage was duly recorded, concluded that the mechanics liens were entitled to priority.”
Kirkwold Constr. Co. v. M.G.A. Constr., Inc., 513 N.W.2d 241 (Minn. 1994).
· cites it 17× “The question to be decided in this case is whether the services performed by engineers and surveyors are entitled to lien priority under Minn.Stat. § 514.05 even though the interest of a purchaser in good faith and a mortgagee were recorded prior to the actual and visual…”
Langford Tool & Drill Co. v. Phenix Biocomposites, LLC, 668 N.W.2d 438 (Minn. Ct. App. 2003).
· cites it 5× “Minn.Stat. § 514.05, subd. 1 (2000) states that all liens: * * * shall attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement, and shall be preferred to any mortgage or other encumbrance not…”
— Minn. Stat. § 514.05(1) — 2 cases
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