on docket. If any lien shall be filed under the provisions of this chapter, and no action to foreclose such lien shall have been commenced, the owner of the land may file his petition in the district court of the county in which said land is situated, making said lien claimants defendants therein, and praying for an adjudication of said lien so claimed, and if such lien claimant shall fail to establish his lien, the court may tax against said claimant the whole, or such portion of the costs of such action as may be just. Provided, that if no action to foreclose or adjudicate any lien filed under the provisions of this chapter shall be instituted within one (1) year from the filing of said lien, the lien is canceled by limitation of law. If a lien is canceled by limitation of law, the owner of the land may file an affidavit attesting to the cancellation with the county clerk of the county in which the land is located. Upon receipt of the affidavit, the county clerk shall attach the affidavit to the original lien document in the lien docket file and enter a notation of the filing in the mechanics' lien journal. The affidavit shall be on a form prescribed by the Office of the Administrative Director of the Courts. R.L. 1910, § 3878. Amended by Laws 1977, c. 207, § 15, eff. Oct. 1, 1977; Laws 1995, c. 338, § 21, eff. Nov. 1, 1995.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1980–2024 · leading case:
Toma v. Toma, 2007 OK 52 (Okla. 2007).
Toma v. Toma, 2007 OK 52 (Okla. 2007).
· cites it 2× “§ 176 and 42 O.S. § 177. Her authority for taxation of costs [13] is Supreme Court Rule 1.”
Mobile Components, Inc. v. Layon, 623 P.2d 591 (Okla. 1980).
· cites it 6× “1971 , Ch. 1, App., St. 14.1, unreleased liens may be disregarded where foreclosure has not been filed within the statutory time, and the Clerk requested to release same pursuant to 42 O.”
Welling v. Am. Roofing & Sheet Metal Co., 617 P.2d 206 (Okla. 1980).
“Plaintiffs brought this action to set the lien aside, under 42 O.S.1971, § 177 (amended 1977), claiming that the last material furnished or labor performed was not within 90 days before the filing of the lien.”
Downing Wellhead Equip., LLC v. Trinity Operating (USG), LLC (E.D. Okla. 2024).
· cites it 2× “Similarly, Okla. Stat. tit. 42, § 177 , states that: If any lien shall be filed under the provisions of this chapter, and no action to foreclose such lien shall have been commenced, the owner of the land may file his petition in the district court of the county in which said…”
Downing Wellhead Equip., LLC v. Trinity Operating (USG), LLC (S.D. Tex. 2024).
· cites it 2× “Similarly, Okla. Stat. tit. 42, § 177 , states that: If any lien shall be filed under the provisions of this chapter, and no action to foreclose such lien shall have been commenced, the owner of the land may file his petition in the district court of the county in which said…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.