Ohio Revised Code Chapter 1311 - Liens

• Section 1311.01 - Lien Definitions.
  As used in sections 1311.01 to 1311.22 of the Revised Code: (A) "Owner," "part owner," or "lessee" includes all the interests either legal or...
• Section 1311.011 - Liens For Home Construction Work.
  (A) As used in this section: (1) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner,...
• Section 1311.012 - [Repealed].
  Effective Date: 07-01-1996
• Section 1311.02 - Lien Of Subcontractor, Laborer Or Materialman.
  Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or...
• Section 1311.021 - Lien For Labor Or Work Or Materials Upon Oil Or Gas Well Or Facilities.
  (A) Every person who performs any labor or work upon or furnishes material for digging, drilling, boring, operating, completing, or repairing, any well drilled...
• Section 1311.03 - Lien Upon Street, Turnpike, Road, Sidewalk, Way, Drain, Ditch Or Sewer.
  Any person who performs labor or work or furnishes material, for the construction, alteration, or repair of any street, turnpike, road, sidewalk, way, drain,...
• Section 1311.04 - Recording Notice Of Commencement.
  (A) (1) Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which...
• Section 1311.05 - Subcontractor Or Materialman To Serve Notice Of Furnishing.
  (A) Except as provided in section 1311.04 of the Revised Code and this section, a subcontractor or material supplier who performs labor or work...
• Section 1311.06 - Affidavit - Time Period For Filing - Contents.
  (A) Any person, or the person's agent, who wishes to avail self of sections 1311.01 to 1311.22 of the Revised Code, shall make and...
• Section 1311.07 - Copy Of Affidavit To Be Served On Owner Or Lessee.
  Any person filing an affidavit pursuant to section 1311.06 of the Revised Code shall serve a copy of the affidavit on the owner, part...
• Section 1311.08 - Lien When Improvement Situated On Same Or Contiguous Or Adjacent Lots.
  Where an improvement consists of two or more buildings united together, situated on the same lot or upon contiguous or adjacent lots, or of...
• Section 1311.09 - Lien When Contracting Person Has No Title To Land Improved.
  Any person performing labor or work or furnishing material for the erection of a new building or structure upon land to which the person...
• Section 1311.10 - Presumptions.
  (A) Any person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.01 to 1311.22 of the...
• Section 1311.11 - Notifying Lienholder To Commence Suit.
  (A) (1) The owner, part owner, lessee, mortgagee, or any other person with an interest in real property upon which a lien has been...
• Section 1311.12 - When Lien For Furnishing Materials Arises.
  (A) A mechanic's lien for furnishing materials arises under sections 1311.01 to 1311.22 of the Revised Code only if the materials are: (1) Furnished...
• Section 1311.13 - Attaching Of Liens - Continuance And Priority.
  (A) (1) All liens under sections 1311.01 to 1311.22 of the Revised Code for labor or work performed or materials furnished to the same...
• Section 1311.14 - Priority Of Mortgage Lien.
  (A) Except as provided in this section, the lien of a mortgage given in whole or in part to improve real estate, or to...
• Section 1311.15 - Superiority Of Liens - Assignment - Direct Payment Of Claim Of Subcontractor, Materialman Or Laborer.
  (A) The lien of a subcontractor is superior to any already taken or to be taken by the original contractor in respect of the...
• Section 1311.16 - Proceeding By Person Holding Mechanic's Lien.
  Any person holding a mechanic's lien, in addition to the remedies provided for in sections 1311.01 to 1311.22 of the Revised Code, may proceed...
• Section 1311.17 - Adjustment Of Claim When Owner Fails To Perform.
  When the owner, part owner, or lessee fails to perform his part of the contract, and by reason thereof the other party without his...
• Section 1311.18 - Sale Of Part Of Premises.
  Under section 1311.16 of the Revised Code, if any part of the premises can be separated from the residue and sold without damage to...
• Section 1311.19 - Service.
  (A) Except as otherwise provided in section 1311.11 of the Revised Code and division (C) of this section, any notice, affidavit, or other document...
• Section 1311.20 - Damages For Neglect Or Refusal To Release Lien.
  If, after the amount of his lien has been satisfied or adjudged against him in an action thereon, a lienholder fails within thirty days...
• Section 1311.21 - Liens Are Assignable - Lien Not Defeated By Taking Note Or Security - Notice Of Claim Not Yet Due - Lis Pendens.
  (A) All liens or claims for liens which may arise or accrue under sections 1311.01 to 1311.22 of the Revised Code are assignable. No...
• Section 1311.22 - Liberal Construction.
  Sections 1311.01 to 1311.22 of the Revised Code are to be construed liberally to secure the beneficial results, intents, and purposes thereof; and a...
• Section 1311.23 - Lien Upon Mines For Labor.
  A person who performs labor or work in mining coal or removing it from the mines, or other labor or work connected therewith, for...
• Section 1311.24 - Amended And Renumbered Rc 1311.22.
  Effective Date: 04-10-1991
• Section 1311.25 - Public Improvement Definitions.
  As used in sections 1311.25 to 1311.32 of the Revised Code: (A) "Public improvement" means any construction, reconstruction, improvement, enlargement, alteration, demolition, or repair...
• Section 1311.251 - Claim For Furnishing Materials.
  (A) A claim for furnishing materials arises under sections 1311.25 to 1311.32 of the Revised Code only if the materials are: (1) Furnished with...
• Section 1311.252 - Notice Of Commencement - Affidavit.
  (A) Prior to the performance of any labor or work or the furnishing of any materials in furtherance of a public improvement, the public...
• Section 1311.26 - Subcontractor, Materialman Or Laborer May Serve Affidavit On Public Authority.
  Any subcontractor, material supplier, or laborer who is performing or has performed labor or work or is furnishing or has furnished material for any...
• Section 1311.261 - Notice Of Furnishing.
  (A) (1) Every subcontractor and material supplier who wishes to exercise the subcontractor's or material supplier's rights under sections 1311.25 to 1311.32 of the...
• Section 1311.27 - [Repealed].
  Effective Date: 04-10-1991
• Section 1311.28 - Public Authority To Detain Funds Upon Receipt Of Affidavit - Escrow Account.
  Upon receiving the affidavit required by section 1311.26 of the Revised Code, the public authority shall detain from the principal contractor or from the...
• Section 1311.29 - Copy Of Affidavit To Be Filed With County Recorder To Notify Other Subcontractors, Materialmen, And Laborers - Priority Of Claims.
  A subcontractor, material supplier, laborer, or person who serves the affidavit pursuant to section 1311.26 of the Revised Code, in order to notify other...
• Section 1311.30 - [Repealed].
  Effective Date: 09-30-1963
• Section 1311.31 - Action By Claimant To Enforce Payment.
  The public authority, upon the receipt of the affidavit referred to in section 1311.26 of the Revised Code shall, or the claimant or his...
• Section 1311.311 - Notice To Commence Suit.
  Any public authority or any principal contractor or subcontractor who receives a copy of the affidavit required by section 1311.26 of the Revised Code,...
• Section 1311.32 - Enforcement By Civil Action.
  The duty to pay to claimants the amounts and in the order of preference, as provided in sections 1311.29 and 1311.31 of the Revised...
• Section 1311.33 - [Repealed].
  Effective Date: 04-10-1991
• Section 1311.34 - Laborers Shall Have Lien Upon Real Property Of Employer.
  Employees of any person, association of persons, or corporation, whether such employment is at agriculture, mining, manufacture, or other manual labor, have a lien...
• Section 1311.35 - Waiver Of Lien.
  The liens in section 1311.34 of the Revised Code are waived by the employee, as to any portion of such labor, unless within thirty...
• Section 1311.36 - Enforcement And Priority Of Liens.
  If an action is brought to enforce the lien within the time provided in section 1311.35 of the Revised Code, it continues in force...
• Section 1311.37 - When General Employer Assumes Payment.
  Sections 1311.34 to 1311.36, inclusive, of the Revised Code apply to and include any laborer who indirectly performs labor for a general employer, or...
• Section 1311.38 - Definition Of Owner.
  As used in sections 1311.39 to 1311.47, inclusive, of the Revised Code, "owner" includes any lessee, receiver, corporation, company, or persons owning, operating, or...
• Section 1311.39 - Liens Against A Railroad Company.
  Any person, association of persons, or corporation contracting for the construction of a railroad, depot buildings, water tanks, or any part thereof, shall pay...
• Section 1311.40 - Priority Of Payment In Contracts For Railroad Work.
  A railroad company shall provide, in its contract with any person, association of persons, or corporation for the construction of its road, or any...
• Section 1311.41 - Precedence.
  A person who performs labor or furnishes materials for or in construction of any railroad, depot buildings, water tanks, or any part thereof, and...
• Section 1311.42 - Perfecting A Lien.
  To perfect a lien referred to in section 1311.41 of the Revised Code, a person performing labor, furnishing material, or boarding, within forty days...
• Section 1311.43 - Proceeding After Filing Affidavit.
  Within ten days after filing his affidavit with the county recorder as provided in section 1311.42 of the Revised Code, the claimant shall serve...
• Section 1311.44 - Proceeding By Petition.
  A person obtaining and holding a lien as provided for in sections 1311.41 to 1311.43, inclusive, of the Revised Code, in addition to his...
• Section 1311.45 - Contractor To Be Notified Of Time Of Payment.
  Each contractor or subcontractor shall have at least five days' notice, in writing, of the time when a lien for labor, boarding, or materials...
• Section 1311.46 - Adjusting Disputed Claims.
  When a lien claim under section 1311.45 of the Revised Code cannot be adjusted between the parties interested, it may be submitted to the...
• Section 1311.47 - Others Who May Claim Liens.
  Sections 1311.41 to 1311.46, inclusive, of the Revised Code apply to and include any person who furnishes grain, hay, merchandise, tools, or implements, or...
• Section 1311.48 - Lien For Care Of Animals.
  As used in sections 1311.48 and 1311.49 of the Revised Code "animal" means any animal other than man and includes fowl, birds, fish, and...
• Section 1311.49 - Sale Of Animal To Satisfy Claim.
  If the owner of an animal, upon written demand by the lienholder, fails to satisfy a lien acquired under section 1311.48 of the Revised...
• Section 1311.50 - Lien Upon Get For Service.
  The keeper of any stallion, jack, or registered pure-bred bull, has a lien upon its get for the period of twelve months after birth...
• Section 1311.51 - Enforcement Of Lien.
  A keeper or owner of any stallion, jack, or registered pure-bred bull may enforce his lien for service by replevin of the property before...
• Section 1311.52 To 1311.54 - [Repealed].
  Effective Date: 07-01-1962
• Section 1311.55 - Agricultural Product Lien.
  (A) As used in this section: (1) "Agricultural product" means all fruit and vegetable crops, meat and meat products, milk and dairy products, poultry...
• Section 1311.56 - Perfection Of Producer's Or Handler's Lien - Affidavit.
  (A) The agricultural producer or handler may perfect the producer's or handler's lien by recording, in the office of the county recorder in the...
• Section 1311.57 - Priority And Duration Of Lien.
  (A) An agricultural producer or handler who perfects a lien within sixty days after the date of delivery, or first delivery if there was...
• Section 1311.58 - [Repealed].
  Effective Date: 07-01-1962
• Section 1311.59 - Rights Of Executors, Administrators, Part Owners, And Lessees.
  Executors and administrators of deceased owners, part owners, and lessees have the rights and are subject to the liabilities, under this chapter, that such...
• Section 1311.60 To 1311.64 - [Repealed].
  Effective Date: 07-01-1962
• Section 1311.65 To 1311.68 - [Repealed].
  Effective Date: 04-10-1991
• Section 1311.71 - Aircraft Definitions.
  As used in sections 1311.71 to 1311.80 of the Revised Code: (A) "Aircraft" has the same meaning as in section 4561.01 of the Revised...
• Section 1311.72 - Lien For Labor Or Materials For Aircraft.
  (A) Except as provided in division (B) of this section, any person who performs labor upon or furnishes materials for an aircraft has a...
• Section 1311.73 - Lien Perfected By Filing Affidavit With Faa - Form Of Affidavit - Time Period For Filing.
  (A) To perfect a lien that arises under section 1311.72 of the Revised Code, the person claiming the lien shall make and file for...
• Section 1311.74 - Service Of Copy Of Affidavit On Owner.
  (A) Any lien claimant who files an affidavit pursuant to section 1311.73 of the Revised Code shall serve to the owner of the aircraft...
• Section 1311.75 - Priority Of Liens.
  (A) A lien claimant who perfects a lien in accordance with section 1311.73 of the Revised Code has priority over all other liens, claims,...
• Section 1311.76 - Enforcement And Priority Of Liens - Claimant To Give Notice Of Release.
  (A) A lien claimant may enforce a lien that arises under section 1311.72 of the Revised Code by bringing an action to recover the...
• Section 1311.77 - Owner May Obtain Release Of Aircraft By Filing Surety Bond.
  The owner of an aircraft that is subject to a lien that is perfected pursuant to section 1311.73 of the Revised Code may release...
• Section 1311.78 - Notifying Lien Claimant To Commence Suit.
  (A) The owner of an aircraft that is subject to a lien that arises under section 1311.72 of the Revised Code may notify the...
• Section 1311.79 - Maintaining Lien After Notice To Commence Suit.
  (A) After receipt of a notice to commence suit pursuant to section 1311.78 of the Revised Code, a lien claimant may maintain a lien...
• Section 1311.80 - Award Of Attorney's Fees.
  Upon application by a lien claimant or the owner of an aircraft that is subject to a lien in a court in which an...
• Section 1311.85 - Broker's Lien On Commercial Realty Definitions.
  As used in sections 1311.85 to 1311.93 of the Revised Code: (A) "Broker" means an individual, partnership, corporation, or association licensed as a real...
• Section 1311.86 - Broker's Lien On Commercial Real Estate.
  (A) Any broker that enters into a written contract for services related to selling, leasing, or conveying any interest in commercial real estate has...
• Section 1311.87 - Perfection Of Lien.
  (A) (1) A lien established pursuant to section 1311.86 of the Revised Code is perfected when both of the following have occurred: (a) The...
• Section 1311.88 - Proceedings To Enforce Lien.
  (A) To commence proceedings to enforce a lien, a broker shall comply with all of the following: (1) The broker shall file a complaint...
• Section 1311.89 - Sale Of Foreclosed Property - Alternative Dispute Resolution.
  (A) All liens claimed under sections 1311.85 to 1311.93 of the Revised Code shall be subject to section 2323.07 of the Revised Code unless...
• Section 1311.90 - Broker To Record Release Or Satisfaction.
  (A) A broker shall record a written release or satisfaction of the broker's lien in the county recorder's office of the county in which...
• Section 1311.91 - Priority Of Mechanic's Liens.
  All valid mechanic's liens, arising pursuant to and perfected in accordance with Chapter 1311. of the Revised Code, and all prior recorded liens and...
• Section 1311.92 - Transfer Of Lien Property - Escrow Account.
  (A) Except as provided in division (D) of this section, to enable a transfer of lien property to close when a broker's perfected lien...
• Section 1311.93 - Liability Of Broker.
  Any broker that asserts or records a spurious or materially inaccurate broker's lien under this section or fails to release or acknowledge release or...

Last modified: October 10, 2016