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

Mo. Rev. Stat. § 429.060 (2026)

Lien shall have precedence over subsequent encumbrances

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  429.060.  Lien shall have precedence over subsequent encumbrances. — The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.

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(RSMo 1939 § 3553)

Prior revisions: 1929 § 3163; 1919 § 7223; 1909 § 8219

(1967) A properly filed mechanic's lien dates from the visible commencement of actual operations on the ground for the erection of the building or the making of the improvement which makes it apparent that a building has been commenced or that an improvement is to be made, done with the intention and formed purpose to continue the work until completed. H.  B. Deal Construction Co. v. Labor Discount Center, Inc.  (Mo.), 418 S.W.2d 940.

(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, 1966–2018 · 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 11× “For encumbrances on the land, the “first spade rule” under section 429.060 gives the mechanic’s lien relation-back priority to the date when work commenced: The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon…”
Dave Kolb Grading, Inc. v. Lieberman Corp., 837 S.W.2d 924 (Mo. Ct. App. 1992). · cites it 8× “Section 429.060, RSMo (1986) provides that mechanics’ liens shall be preferred to all other encumbrances on the improvements or the ground subsequent to the commencement of the improvements.”
In re Gateway Ctr. Bldg. Investors, Ltd., 95 B.R. 647 (Bankr. E.D. Mo. 1989). · cites it 6× “In its Motion For Summary Judgment Paric claims priority as a mechanic lien claimant by virtue of Section 429.060 of the Revised Missouri Statute, commonly referred to as the First Spade Rule.”
Medlin v. RLC., Inc., 194 S.W.3d 926 (Mo. Ct. App. 2006). · cites it 4× “Section 429.060 states that "[t]he lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such…”
Drilling Serv. Co. v. Baebler, 484 S.W.2d 1 (Mo. 1972). · cites it 5× “Lien claimants contend that under § 429.060, V.A.M.S.1969, their liens for work and materials are superior to the four deeds of trust.”
Glenstone Block Co. v. Pebworth, 264 S.W.3d 703 (Mo. Ct. App. 2008). · cites it 3× “050, § 429.060 and § 429.260. “Under section 429.”
Kranz v. Centropolis Crusher, Inc., 630 S.W.2d 140 (Mo. Ct. App. 1982). · cites it 4× “On the other hand, the DMI lien under its deed of trust, having been perfected prior to the commencement of any construction work, has priority under Section 429.060 with respect to the ground itself.”
Collector of Revenue ex rel. Dir. of Collections v. Parcels of Land Encumbered with Delinquent Land Tax Liens, 453 S.W.3d 746 (Mo. 2015). · cites it 4× “shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.”
Glenstone Block Co. v. Pebworth, 330 S.W.3d 98 (Mo. Ct. App. 2010). · cites it 8× “Under section 429.060, a mechanic's lien for materials furnished shall be preferred to all other encumbrances which may be attached to or upon the building or improvement or the land upon which the building or improvement are situated, or either of them, subsequent to the…”
Glasco Elec. Co. v. Best Elec. Co., 751 S.W.2d 104 (Mo. Ct. App. 1988). · cites it 3× “Section 429.060 provides that the mechanic’s lien shall be preferred to all other encumbrances on the improvements or on the ground but only if subsequent to the commencement of the improvements.”
Altom Constr. Co. v. BB Syndication Servs., Inc., 359 S.W.3d 146 (Mo. Ct. App. 2012). · cites it 2× “]” Under section 429.060, a mechanic’s lien “shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.”
Butler Supply, Inc. v. Coon's Creek, Inc., 999 S.W.2d 748 (Mo. Ct. App. 1999). · cites it 4× “§ 429.060; Dave Kolb Grading, 837 S.W.2d at 934 ; Glaseo, 751 S.”
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