Mississippi Code

Miss. Code Ann. § 85-7-131 (2026)

Liens on water, oil or gas wells; effect as to purchasers, etc., without notice

✓ current as of July 2026

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Every water well or oil and gas well, and any fixed machinery, gearing or other fixture that may or may not be used or connected therewith, shall be liable for services or construction and the debt shall be a lien thereon. As to oil and gas wells, the operator thereof shall have a lien upon the interest of each nonoperator owner of an interest in the mineral leasehold estate for the nonoperator's proportionate part of the labor, material and services rendered by the operator or for the operator's account on behalf of each nonoperator in the drilling, completion, recompletion, reworking or other operations of the oil and gas well. If the structure is a water well, the lien shall extend only to all pumps, pipes, equipment therein and all water well appurtenances. If the structure is an oil or gas well, the lien shall extend to the nonoperator's interest in the mineral estate and the fixtures and equipment in the producing unit assigned to the well by the State Oil and Gas Board. The lien shall take effect, as to purchasers or encumbrancers for a valuable consideration without notice thereof, only from the time of commencing suit to enforce the lien, or from the time of filing the contract under which the lien arose, or notice thereof, in the office of the clerk of the chancery court, as hereinafter stated; delivery of material to the job is prima facie evidence of its use therein, and use of water from a water well is prima facie evidence of acceptability of the well. In the case of oil and gas wells, the lien shall take effect, as to purchasers or encumbrancers for a valuable consideration without notice thereof, only from the time of filing notice of the lien as provided by Section 85-7-133.

Codes, Hutchinson's 1848, ch. 45, art. 6 (1); 1857, ch. 39, art. 1; 1871, § 1603; 1880, § 1378; 1892, § 2698; 1906, § 3058; Hemingway's 1917, § 2418; 1930, § 2258; 1942, § 356; Laws, 1926, ch. 150; Laws, 1928, ch. 137; Laws, 1962, ch. 488, §§ 1, 2; Laws, 1964, ch. 291; Laws, 1979, ch. 379; Laws, 2010, ch. 372, § 1, eff. 7/1/2010.

Amended by Laws, 2014, ch. 487, SB 2622, 18, eff. 4/11/2014.

Notes of Decisions

Cited in 16 cases, 1984–2017 · leading case: In Re Redditt, 146 B.R. 693 (Bankr. S.D. Miss. 1992).

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In Re Redditt, 146 B.R. 693 (Bankr. S.D. Miss. 1992). · cites it 3× “Prior to the debtors’ filing in bankruptcy, no suit was commenced by Point Lumber to enforce its statutory lien, nor was there a notice or contract filed in the office of the chancery clerk, pursuant to Miss.Code Ann. § 85-7-131. 5. The debtors listed an unsecured debt of…”

In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. Savell, 765 F.2d 547 (5th Cir. 1985). “Miss.Code Ann. § 85-7-131. Hence, by filing notice of the construction lien with the chancery clerk, Simmons perfected his lien.”

Auto Parts Mfg. Mississippi, Inc. v. King Constr. of Houston, L.L.C., 782 F.3d 186 (5th Cir. 2015). “Miss. Code Ann. § 85-7-131 . King was claiming, in the alternative, that it had a direct contractual relationship with APMM, a claim it later dropped.”

Bailey v. Worton, 752 So. 2d 470 (Miss. Ct. App. 1999). · cites it 3× “The Chancery Court of DeSoto County found that a construction lien filed pursuant to Miss.Code Ann. § 85-7-131 by Richard Worton d/b/a/ Worton Asphalt & Paving, the appellee, was enforceable against Robert M.”

Consol. Pipe & Supply Co. v. Colter, 735 So. 2d 958 (Miss. 1999). “See Miss.Code Ann. § 85-7-131 and 135 (Rev.1991).”

Ground Control, LLC. v. Capsco Indus., Inc., 214 So. 3d 232 (Miss. 2017). “See Miss. Code Ann. § 85-7-131 (Supp. 2016). And Section 85-7-181 has been repealed in its entirety.”

Chic Creations of Bonita Lakes Mall v. Doleac Elec. Co., Inc., 791 So. 2d 254 (Miss. Ct. App. 2000). “Miss.Code Ann. § 85-7-131 (Rev.1999). The stop notice statute provides a remedy for subcontractors and materialmen.”

In Re Wiltcher, 204 B.R. 488 (Bankr. S.D. Miss. 1996). · cites it 3× “Martin contends that his lien is a statutory lien arising pursuant to Miss.Code Ann. § 85-7-131 (1972) and, as a statutory lien, may not be avoided under § 522(f).”

Willow Ridge Ltd. P'ship v. Stewart Title Guar. Co., 706 F. Supp. 477 (S.D. Miss. 1988). “However, there could be evidence which the lienors might present, if given the opportunity, which would defeat any claim that the liens were invalid.”

Wickes Lumber Co. v. Magee (In Re Magee), 164 B.R. 530 (Bankr. S.D. Miss. 1994). “Wiekes’s lien for materials supplied to Magee arose under Miss.Code Ann. § 85-7-131 (1972), which provides in pertinent part as follows: § 85-7-131.”

Earnest Malone v. Saf.-Guard Mfg. Co., Inc., 748 F.2d 312 (5th Cir. 1984). “See Miss.Code Ann. §§ 85-7-131, 85-7-141. Under the circumstances of this case which involves a lien for a relatively small amount compared to the value of the security affected, this technical difference is not one that a reasonable consumer would view as significantly altering…”

Cummings v. Davis, 751 So. 2d 1055 (Miss. Ct. App. 1999). “Miss.Code Ann. § 85-7-131 (Rev.1991). Cummings claims that services he performed for the corporation place him within the ambit of the statute.”

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