NRS
108.233 Duration of lien.
1. A lien provided for in NRS 108.221 to 108.246, inclusive, must not bind the property
subject to the lien for a period longer than 6 months after the date on which
the notice of lien was recorded, unless:
(a) Proceedings are commenced in a proper court
within that time to enforce the same; or
(b) The time to commence the action is extended
by a written instrument signed by the lien claimant and by a person or persons
in interest in the property subject to the lien, in which event, and as to only
that person or those persons in interest signing the agreement, the time is
extended, but no extension is valid unless in writing and recorded in the
county recorder’s office in which the notice of lien is recorded and unless the
extension agreement is recorded within the 6-month period. The extension
agreement, to be recorded, must be acknowledged as required by law for the
acknowledgment of deeds. An action may be commenced within the extended time
only against the persons signing the extension agreement and only as to their
interests in the property are affected, and upon the lapse of the time
specified in the extension agreement, an action may not thereafter be
commenced, nor may a second extension be given.
2. For all purposes, a notice of lien
shall be deemed to have expired as a lien against the property after the lapse
of the 6-month period provided in subsection 1, and the recording of a notice
of lien does not provide actual or constructive notice after the lapse of the
6-month period and as a lien on the property referred to in the notice of lien,
unless, before the lapse of the 6-month period an extension agreement has been
recorded, in which event, the lien will only continue as a lien on the interests
of those persons signing the extension for the period specified in the
extension. An extension must not be given for a period in excess of 1 year
beyond the date on which the notice of lien is recorded.
3. If there are other notices of lien
outstanding against the property, an extension must not be given upon a notice
of lien which will tend to delay or postpone the collection of other liens
evidenced by a notice of lien or encumbrances against the property.
(Added to NRS by 1965,
1163; A 2003,
2604)
Notes of Decisions
Barney v. Mt. Rose Heating & Air Conditioning, 192 P.3d 730 (Nev. 2008).
“, NRS 108.233(l)(a) (providing that a mechanic’s lien will not bind property longer than six months, unless “[proceedings are commenced in a proper court within that time to enforce the same” (emphasis added)); NRS 108.”
Lane-Tahoe, Inc. v. Kindred Constr. Co., 536 P.2d 491 (Nev. 1975).
· cites it 2× “" [3] NRS 108.233(1): "No lien ... binds any building, mining claim, improvement or structure for a longer period than 6 months after such lien has been recorded, unless: (a) Proceedings are commenced in a proper court within that time to enforce the same;.”
Crestline Inv. Grp., Inc. v. Lewis, 75 P.3d 363 (Nev. 2003).
“…19 NRS 108.2275(4)(a). 20 NRS 108.2275(4)(b). 21 NRS 108.2275(4)(c). 22 NRS 108.2275(5). 23 NRS 108.229(1). 24 NRS 108.233. 25 NRS 108.239(2)(b).”
A.F. Constr. Co. v. Virgin River Casino Corp., 56 P.3d 887 (Nev. 2002).
· cites it 2× “” The mechanic’s lien statutes are silent, however, as to whether priority of all liens and encumbrances must be decided within the enforcement proceeding contemplated in NRS 108.233 and NRS 108.239. Other than the required determination of asserted mechanic’s liens pursuant to…”
Ewing v. Fahey, 472 P.2d 347 (Nev. 1970).
“See NRS 108.233 (mechanics’ liens) and NRS 108.”
Af Constr. Co. v. Virgin River Casino Co., 56 P.3d 887 (Nev. 2002).
· cites it 2× “" The mechanic's lien statutes are silent, however, as to whether priority of all liens and encumbrances must be decided within the enforcement proceeding contemplated in NRS 108.233 and NRS 108.239. Other than the required determination of asserted mechanic's liens pursuant to…”
— Nev. Rev. Stat. § 108.233(1) — 2 cases
Lane-Tahoe, Inc. v. Kindred Constr. Co., 536 P.2d 491 (Nev. 1975).
“" [3] NRS 108.233(1): "No lien ... binds any building, mining claim, improvement or structure for a longer period than 6 months after such lien has been recorded, unless: (a) Proceedings are commenced in a proper court within that time to enforce the same;.”
— Nev. Rev. Stat. § 108.233(1)(a) — 1 case
Af Constr. Co. v. Virgin River Casino Co., 56 P.3d 887 (Nev. 2002).
“" The mechanic's lien statutes are silent, however, as to whether priority of all liens and encumbrances must be decided within the enforcement proceeding contemplated in NRS 108.233 and NRS 108.239. Other than the required determination of asserted mechanic's liens pursuant to…”
— Nev. Rev. Stat. § 108.233(l)(a) — 2 cases
Barney v. Mt. Rose Heating & Air Conditioning, 192 P.3d 730 (Nev. 2008).
“, NRS 108.233(l)(a) (providing that a mechanic’s lien will not bind property longer than six months, unless “[proceedings are commenced in a proper court within that time to enforce the same” (emphasis added)); NRS 108.”
A.F. Constr. Co. v. Virgin River Casino Corp., 56 P.3d 887 (Nev. 2002).
“” The mechanic’s lien statutes are silent, however, as to whether priority of all liens and encumbrances must be decided within the enforcement proceeding contemplated in NRS 108.233 and NRS 108.239. Other than the required determination of asserted mechanic’s liens pursuant to…”
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