NC General Statutes
N.C. Gen. Stat. § 44-1 (2026)
Repealed by Session Laws 1969, c. 1112, s. 4
✓ current as of July 2026
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Notes of Decisions
Cited in 13
cases, 1951–1993 · leading case: Se. Steel Erectors, Inc. v. Inco, Inc., 424 S.E.2d 433 (N.C. Ct. App. 1993).
Se. Steel Erectors, Inc. v. Inco, Inc., 424 S.E.2d 433 (N.C. Ct. App. 1993). “At the' same time, section 44A-8 was added to replace section 44-1, the former lien statute. Section 44A-8 provided that “[a]ny person who performs or furnishes labor or furnishes materials pursuant to a contract, either express or implied, with the owner of real property, for…”
Wilbur Smith & Assocs., Inc. v. South Mountain Props., Inc., 224 S.E.2d 692 (N.C. Ct. App. 1976). “” From 1869 until 1969 our lien law mandated by the Constitution was substantially unchanged and from 1901 until 1969 *450 provided as follows: “Every building built, rebuilt, repaired or improved, together with the necessary lots on which such building is situated, and every…”
Equitable Life Assurance Soc'y of the United States v. Basnight, 67 S.E.2d 390 (N.C. 1951). “Two of the present statutes giving liens to contractors for labor performed or materials furnished, namely G.S. 44-1 and G.S. 44-2, had their genesis in chapter 206 of the Public Laws of 1869-70.”
Rural Plumbing & Heating, Inc. v. Hope Dale Realty, Inc., 140 S.E.2d 330 (N.C. 1965). “G.S. 44-1 provides in relevant part: “Every building built * * * or improved, together with the necessary lots on which such building is situated, * * * shall be subject to a lien for the payment of all debts contracted for work done on the same, or material furnished.”
Eason Ex Rel. Eason v. Dew, 94 S.E.2d 603 (N.C. 1956). “The agreed facts do not show that notice of lien was filed in the office of the clerk of the Superior Court as prescribed by G.”
Nat'l Sur. Corp. v. Sharpe, 72 S.E.2d 109 (N.C. 1952). “G.S. 44-1 gives a contractor an inchoate lien upon a building and the lot on which it is situated for work done and materials furnished by him in constructing, improving, or repairing such building pursuant to a contract with the owner.”
Stegall v. New Hanover Zon. Bd. of Adj., 361 S.E.2d 309 (N.C. Ct. App. 1987). “” Section 44-4 provides: “Where a non-conforming situation exists the equipment or processes may be changed if these or similar changes amount only to changes in degree of activity rather than changes in kind and no violations of other paragraphs of this Section occur.”
Ranlo Supply Co. v. Clark, 102 S.E.2d 257 (N.C. 1958). “Here the plaintiff alleg'es a contractual relationship with the defendants in both the lien notice and in its complaint, and seeks to enforce its alleged lien pursuant to the provisions of G.S. 44-1. Such being the case, the plaintiff would be estopped from asserting any lien as…”
Pegram-West, Inc. v. Hiatt Homes, Inc., 184 S.E.2d 65 (N.C. Ct. App. 1971). “G.S. 44-1, in effect at the time of the transactions in question, provided in pertinent part: “Every building built, rebuilt, repaired or improved, together with the necessary lots on which such building is situated .”
F. D. Cline Paving Co. v. Southland Speedways, Inc., 108 S.E.2d 641 (N.C. 1959). “G.S. 44-1. That lien 'applied with equal force to each part of Speedways’ delta.”
Smith v. Clerk of Superior Court, 168 S.E.2d 1 (N.C. Ct. App. 1969). “Justice Ervin, speaking for the Supreme Court, stated: “G.S. 44-1 gives a contractor an inchoate lien upon a building and the lot on which it is situated for work done and materials furnished by him in constructing, improving, or repairing such building pursuant to a contract…”
Neal v. Whisnant, 145 S.E.2d 379 (N.C. 1965). “October 4 constituted a valid claim or lien within the provisions of G.S. 44-1, and that the lien is superior to the Sennetts’ title and to the lien held by the defendants Fidelity Company, Trustee, and Piedmont Savings and Loan Association.”
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