For the purpose of this chapter, a well, excavation, sidewalk, driveway, pavement, parking lot, retaining wall, curb and/or gutter, breakwater (either salt or fresh water), underground or field-constructed above-ground storage tank and connected dispensing equipment, water system, drainage structure, filtering system (including septic or waste disposal systems) or swimming pool shall be deemed a structure permanently annexed to the freehold, and all shrubbery, earth, sod, sand, gravel, brick, stone, tile, pipe or other materials, together with the reasonable rental or use value of equipment and any surveying, grading, clearing or earth moving required for the improvement of the grounds upon which such building or structure is situated shall be deemed to be materials furnished for the improvement of such building or structure and permanently annexed to the freehold.
Code 1919, § 6426; 1922, p. 867; 1932, p. 332; 1962, c. 152; 1968, c. 568; 1976, c. 213; 1996, c. 513.
Notes of Decisions
Cited in
11
cases, 1989–2017 · leading case:
Rosser v. Cole, 379 S.E.2d 323 (Va. 1989).
Rosser v. Cole, 379 S.E.2d 323 (Va. 1989).
· cites it 18× “" Code § 43-2 provides: "For the purpose of this chapter, a well, excavation, sidewalk, driveway, pavement, parking lot, retaining wall, curb and/or gutter, breakwater (either salt or fresh water), water system, drainage structure, filtering system (including septic or waste…”
Dominion Trust Co. v. Kenbridge Constr. Co., 448 S.E.2d 659 (Va. 1994).
· cites it 17× “Kenbridge also argues that even if the roads are not part of the property, they are permanently annexed to the freehold pursuant to Code § 43-2 and, thus, the value of work performed on the roads may be included in its mechanic’s lien memorandum.”
Able Equip. Co. v. Walter A. Ellis Constr. Corp., 27 Va. Cir. 498 (Fairfax Cir. Ct. 1989).
· cites it 2× “Virginia Code Section 43-2 (1986 Repl. Vol.). No such recognition appears in the statute for liens for materials furnished for the building.”
Thomas v. West, 31 Va. Cir. 313 (Westmoreland Cir. Ct. 1993).
· cites it 3× “” The owners complain that these responses exceed the scope of the description of services furnished in the Memorandum of *315 Lien and are otherwise not properly lienable under Virginia Code § 43-2 and § 43-3. The owners argue that these items are not “work” within the scope of…”
Harris v. CMANE Beaumeade Ltd. P'ship, 24 Va. Cir. 332 (Loudoun Cir. Ct. 1991).
· cites it 5× “The Commissioner erred in finding that Harris supplied services (trucks and drivers hauling dirt) for an "excavation" and/or a "drainage structure" which would have allowed him to assert a mechanic’s lien under Sections 43-2 and 43-3. 2. The Commissioner erred in finding that…”
Blue Ridge Constr. Corp. v. Stafford Dev. Grp., 24 Va. Cir. 26 (Stafford Cir. Ct. 1991).
· cites it 3× “For such work, Blue Ridge’s lien rights could arise pursuant to § 43-3(a), § 43-3(b), and/or § 43-2. Section 43-3(b) requires a person installing "streets, sanitary sewers, or waterlines for the purpose of providing access or service to the individual lots in a development .”
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.