Nev. Rev. Stat. » NRS: CHAPTER 108 - STATUTORY LIENS

Nev. Rev. Stat. § 108.225

Priority of liens

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NRS 108.225  Priority of liens.

      1.  The liens provided for in NRS 108.221 to 108.246, inclusive, are preferred to:

      (a) Any lien, mortgage or other encumbrance which may have attached to the property after the commencement of construction of a work of improvement.

      (b) Any lien, mortgage or other encumbrance of which the lien claimant had no notice and which was unrecorded against the property at the commencement of construction of a work of improvement.

      2.  Every mortgage or encumbrance imposed upon, or conveyance made of, property affected by the liens provided for in NRS 108.221 to 108.246, inclusive, after the commencement of construction of a work of improvement are subordinate and subject to the liens provided for in NRS 108.221 to 108.246, inclusive, regardless of the date of recording the notices of liens.

      (Added to NRS by 1965, 1160; A 1993, 2056; 1995, 1506; 2003, 2596)

     

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1973–2024 · leading case: Je Dunn Northwest, Inc. v. Corus Const. Venture
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Je Dunn Northwest, Inc. v. Corus Const. Venture (2011) nev · cites it 12× “The district court denied Dunn's motion, finding that pursuant to NRS 108.225 and NRS 108.22112, Dunn's work must have been visible from a reasonable inspection of the property prior to the date that Corus Bank recorded its deed of trust, and Dunn failed to make that showing.”
Wilmington Trust FSB v. A1 Concrete Cutting & Demolition, LLC (2012) nev · cites it 5× “It expressly provides that every other mortgage or encumbrance imposed after the commencement of construction of a work of improvement is subordinate and subject to the mechanics’ liens regardless of the recording dates of the notices of liens. Because principles of equity…”
Aladdin Heating Corp. v. Trustees of Central States (1977) nev · cites it 3× “Appellants contend this *260 preparatory labor constitutes “work done,” thereby causing their liens to attach and take priority over the deed of trust pursuant to NRS 108.225. 1 It is clear that the “work done” provision of NRS 108.”
Paragon Henderson Associates I v. L. Bruce Nybo, Inc. (In Re L. Bruce Nybo, Inc.) (2000) nvd · cites it 12× “DISCUSSION Buyers contend Nybo’s mechanics’ lien did not attach to their parcels at Black Mountain because the specific requirements of NRS 108.225 (priority of liens) were not met prior to Buyers’ purchase of their parcels and therefore Buyers’ interests in their parcels have…”
Ketchum, Konkel, Barrett, Nickel & Austin v. Heritage Mountain Development Co. (1989) utahctapp “Nev.Rev.Stat. § 108.225 (1986) provides: The liens .”
Erickson Construction Co. v. Nevada National Bank (1973) nev · cites it 2× “The priority of liens in this State is established by NRS 108.225, which provides that mechanics’ liens are superior to mortgages or other encumbrances only when such liens or encumbrances have attached subsequent to the time construction was commenced or when the lienholder had…”
Depner Architects & Planners, Inc. v. Nevada National Bank (1988) nev “If Depner began actual construction before the Bank recorded its interest, the deed of trust would have become subordinate to Depner’s lien on recordation of that lien.”
A.F. Construction Co. v. Virgin River Casino Corp. (2002) nev “Regarding priority of interests, NRS 108.225(l)(a) provides that mechanic’s liens are preferred to “[a]ny lien, mortgage or other encumbrance which may have attached after the time when the building, improvement or structure was commenced, work done, or materials were commenced…”
Nevada National Bank v. Snyder (1992) nev “There, this court held that surveying the land, drafting architectural plans and soil testing did not constitute “work done” within the meaning of NRS 108.225. This court stated: [AJctual on-site construction had not yet started and the architectural, soil testing, and survey…”
Byrd Underground, L.L.C. v. Angaur, L.L.C. (2014) nev · cites it 20× “Can a mechanic's lien claimant properly claim lien priority under NRS 108.225 when the dirt/material that is the basis of the lien on the project was placed on a prospective building project site months before the building permit was issued or the general contractor hired?…”
In re Manhattan W. Mechanic's Lien Litig. (2015) nev · cites it 11× “Further, nothing in NRS 108.225 changes the priority of a mechanic's lien to a partially SUPREME COURT OF NEVADA 5 (0) 1947A subordinated lien recorded before the mechanic's lien became effective.”
APCO CONSTRUCTION, INC. VS. DIST. CT. (SCOTT FINANCIAL) (2015) nev · cites it 11× “Further, nothing in NRS 108.225 changes the priority of a mechanic's lien to a partially SUPREME COURT OF NEVADA 5 (0) 1947A subordinated lien recorded before the mechanic's lien became effective.”
Show all 20 citing cases →
— Nev. Rev. Stat. § 108.225(1) — 1 case
Paragon Henderson Associates I v. L. Bruce Nybo, Inc. (In Re L. Bruce Nybo, Inc.) (2000) nvd “DISCUSSION Buyers contend Nybo’s mechanics’ lien did not attach to their parcels at Black Mountain because the specific requirements of NRS 108.225 (priority of liens) were not met prior to Buyers’ purchase of their parcels and therefore Buyers’ interests in their parcels have…”
— Nev. Rev. Stat. § 108.225(1)(a) — 1 case
AF Constr. Co. v. VIRGIN RIVER CASINO CO. (2002) nev
— Nev. Rev. Stat. § 108.225(2) — 1 case
Depner Architects & Planners, Inc. v. Nevada National Bank (1988) nev “If Depner began actual construction before the Bank recorded its interest, the deed of trust would have become subordinate to Depner’s lien on recordation of that lien.”
— Nev. Rev. Stat. § 108.225(l)(a) — 1 case
A.F. Construction Co. v. Virgin River Casino Corp. (2002) nev “Regarding priority of interests, NRS 108.225(l)(a) provides that mechanic’s liens are preferred to “[a]ny lien, mortgage or other encumbrance which may have attached after the time when the building, improvement or structure was commenced, work done, or materials were commenced…”
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