Mo. Rev. Stat. » Chapter 429
Missouri Revised Statutes

Mo. Rev. Stat. § 429.050 (2026)

Priority of lien

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  429.050.  Priority of lien — improvements removed when — exception. — The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said buildings, erections, improvements or machinery have been erected or put; and any person enforcing such lien may have such buildings, erections or improvements sold under execution, and the purchaser may remove the same within a reasonable time thereafter; provided, that nothing contained in this section shall be so construed as to allow any such sidewalk as is mentioned in sections 429.010 to 429.340 to be so sold under execution or so removed.

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(RSMo 1939 § 3549)

Prior revisions: 1929 § 3159; 1919 § 7219; 1909 § 8215

(1972) This section applies only to new construction and does not apply to improvements or repairs of existing structures thus where prior mortgage was given upon land and an existing structure the mechanic's liens arising incident to improvement or repair of existing structure had no priority over mortgage; but by its actions in inducing lien claimants to furnish material and labor which were the basis of the liens, mortgagee bank waived and was estopped from asserting its priority and mechanic's lien claimants had paramount liens not only on improvements but also on land itself. Trout's Investments, Inc. v. Davis (Mo.), 482 S.W.2d 510.

(1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.

Notes of Decisions
Cited in 27 cases, 1967–2015 · leading case: Bob DeGeorge Assocs., Inc. v. Hawthorn Bank, 377 S.W.3d 592 (Mo. 2012).
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Bob DeGeorge Assocs., Inc. v. Hawthorn Bank, 377 S.W.3d 592 (Mo. 2012). · cites it 8× “In contrast to a mechanic’s lien attached to the land, section 429.050 gives a mechanic’s lien attached to the structure or improvements priority over all other encumbrances: The lien for things aforesaid, or work, shall attach to the buildings, erections or improvements for…”
H. B. Deal Constr. Co. v. Labor Disc. Ctr., Inc., 418 S.W.2d 940 (Mo. 1967). · cites it 6× “(1) The statute Section 429.050, supra, is applicable and by its force a lien in favor of the general contractor and all • other lien claimants whose liens were properly filed attached to the building and improvements in preference to the prior lien of the deed of trust upon the…”
Sachs Elec. Co. v. Bridge Info. Sys., Inc. (In Re Bridge Info. Sys., Inc.), 288 B.R. 556 (Bankr. E.D. Mo. 2002). · cites it 15× “Mo.Rev.Stat. § 429.050. Also, the statute states that the mechanic may enforce the lien by selling such buildings, erections or improvements under execution and that the purchaser may remove the same within a reasonable time.”
Glasco Elec. Co. v. Best Elec. Co., 751 S.W.2d 104 (Mo. Ct. App. 1988). · cites it 7× “The issue concerning priority is governed by two statutory provisions, Sections 429.050 and 429.060, RSMo (1986).”
Dave Kolb Grading, Inc. v. Lieberman Corp., 837 S.W.2d 924 (Mo. Ct. App. 1992). · cites it 3× “” With regard to the priority between Bank and the lien claimants, § 429.050, RSMo (1986) provides that mechanics’ liens shall attach to the improvements constructed in preference to any prior lien.”
Medlin v. RLC., Inc., 194 S.W.3d 926 (Mo. Ct. App. 2006). · cites it 5× “Section 429.050 sets out that: The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said…”
Trout's Investments, Inc. v. Davis, 482 S.W.2d 510 (Mo. Ct. App. 1972). · cites it 8× “*515 The court below in its findings and judgment held that Section 429.050 was applicable to this case, and under the terms of that statute the plaintiffs were given absolute priority over the lien of the prior deed of trust.”
Kranz v. Centropolis Crusher, Inc., 630 S.W.2d 140 (Mo. Ct. App. 1982). · cites it 5× “The issue concerning priority between the DMI deed of trust and Kranz’s mechanic’s lien requires initial reference to the controlling statutory provisions, Sections 429.050 and 429.060, RSMo 1978, which have appeared continuously in the statutes of this state since at least 1855.”
Union Elec. Co. v. Clayton Ctr. Ltd., 634 S.W.2d 261 (Mo. Ct. App. 1982). · cites it 3× “Section 429.050. On the other hand, the respondents have priority under § 429.”
In Re Gateway Ctr. Bldg. Investors, Ltd., 95 B.R. 647 (Bankr. E.D. Mo. 1989). · cites it 5× “§§ 429.050 and 429.060. R.S.Mo. § 429.050 provides, in relevant part: The [mechanic’s] lien for the things aforesaid, or work, shall attach to the building, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or…”
Herbert & Brooner Constr. Co. v. Golden, 499 S.W.2d 541 (Mo. Ct. App. 1973). · cites it 3× “And where the mechanic builds a new building, § 429.050, RSMo 1969 charges the construction with his lien and favors such lien with absolute priority over existing encumbrances.”
Glenstone Block Co. v. Pebworth, 330 S.W.3d 98 (Mo. Ct. App. 2010). · cites it 8× “Under section 429.050, a mechanic's lien for materials *102 furnished "shall attach to the buildings, erections or improvements for which they were furnished .”
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