Tennessee Code Annotated
Tenn. Code Ann. § 66-11-104 (2026)
Time of attachment of lien
✓ current as of May 2026
- (a) The lien provided by this chapter shall attach and take effect from the time of the visible commencement of operations, excluding however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines, or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor.
- (b) If there is a cessation of all operations at the site of the improvement for more than ninety (90) days and a subsequent visible resumption of operations, any lien for labor performed or for materials furnished after the visible resumption of operations shall attach and take effect only from the visible resumption of operations.
- (c) Nothing in this section shall affect the priority or parity of any liens as established by any section of this chapter.
Code 1932, § 7915; Acts 1977, ch. 424, § 1; T.C.A. (orig. ed.), § 64-1104; Acts 1996, ch. 591, § 1; 2007, ch. 189, § 4.
Notes of Decisions
Cited in 14
cases, 1982–2012 · leading case: Mid-South Title Ins. v. Resolution Trust Corp., 840 F. Supp. 522 (W.D. Tenn. 1993).
Mid-South Title Ins. v. Resolution Trust Corp., 840 F. Supp. 522 (W.D. Tenn. 1993). “§ 66-11-104 while contending that the “visible commencement of operations” on the project occurred prior to the recording of the deed of trust on June 23, 1988.”
Weill v. Evans Lumber Co. (In Re Johnson), 25 B.R. 889 (Bankr. E.D. Tenn. 1982). “Section 66-11-104 provides: (a) Such lien shall take effect from the visible commencement of operations, excluding however, demolition, surveying, excavating, clearing, filling or grading and the delivery of materials therefor.”
Durkan Patterned Carpet, Inc. v. Premier Hotel Dev. Grp. (In Re Premier Hotel Dev. Grp.), 270 B.R. 234 (Bankr. E.D. Tenn. 2001). “” A lien under this provision takes effect “from the time of the visible commencement of operations,” see Tenn. Code Ann. § 66-11-104 ; and “continue[s] for one (1) year after the work is finished or materials are furnished, and until the final decision of any suit that may be…”
C & C Aluminum Builders Supply v. Rynd, 4 S.W.3d 191 (Tenn. Ct. App. 1999). “We are not persuaded to deviate from this preference for the record title.”
Owen Lumber & Millwork, Inc. v. Nat'l Equity Corp., 940 S.W.2d 66 (Tenn. Ct. App. 1996). “” T.C.A. § 66-11-104 (1998). Plaintiff in the case before us filed the notice of den within ninety days after completion of the structure and thus preserved its den pursuant to the provisions of T.”
Tri Am Constr., Inc. v. J & V Dev., Inc., 415 S.W.3d 242 (Tenn. Ct. App. 2011). “§ 66-11-115 (1982), plaintiffs acquired liens on the Hoys’ property, which, by virtue of T.C.A. § 66-11-104, attached as of the date of the visible commencement of operations which indisputably was before July 1, 1990.”
In Re Crabtree, 32 B.R. 840 (Bankr. E.D. Tenn. 1983). “See Tenn. Code Ann. § 66-11-104 (1982) (Time of attachment of lien).”
CainRash Architectural Grp., Inc. v. Premier Hotel Dev. Grp. (In re Premier Hotel Dev. Grp.), 271 B.R. 813 (Bankr. E.D. Tenn. 2002). “Under the first sentence of this provision, an architectural lien takes effect or attaches upon “visible commencement of operations,” see Tenn. Code Ann. § 66-11-104 2 ; which the Tennessee Code defines as “the first actual work of improving upon the land .”
Anchor Pipe Co., Inc. v. Sweeney-Bronze Dev., LLC (Tenn. Ct. App. 2012). “With respect to the attachment of mechanics’ and materialmens’ liens, Tenn. Code Ann. § 66-11-104 (a) provides: The lien provided by this chapter shall attach and take effect from the time of the visible commencement of operations, excluding however, demolition, surveying,…”
Charles Blalock & Sons, Inc. v. Fairtenn, LLC (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 66-11-104 (b)(2004). Since it was within Cay’s prerogative and ability to protect itself, equity will not impose the impact of Cay’s decision on Blalock.”
Hefferlin + Kronenberg Architects, PLLC v. CLP Dev., LLC (Tenn. Ct. App. 2012). “filed a Response, stating that there had been no visible commencement of work or operations on the subject property, which was required pursuant to Tenn. Code Ann. §66-11-104 for a lien to attach.”
Wise Constr., LLC v. Thomas Boyd (Tenn. Ct. App. 2011). “Tennessee Code Annotated § 66-11-104, in effect at the time relevant to this case, states that a contractor’s lien “[s]hall relate to and take effect from the time of the visible commencements of operations.”
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