Encumbrances
Mechanic's or Materialmans Lien, Attorneys Lien, Agisters Lien, Veterinarians Lien KRS 376.010, 376.080
These are filed when payment for building repair, storage or services has not been made. These are filed per KRS 376.010, KRS 376.080. The following list of liens are recorded and indexed as a mechanics lien:
1. Attorney’s Liens (KRS 376.460)
2. Agister’s Liens (liens on horses, cattle, livery stable) (KRS 376.400, KRS 376.410, KRS 376.420)
3. Veterinary Liens (KRS 376.470, KRS 376.475)
4. Liens on Motor Vehicle Repairs and Storage (KRS 376.270)
5. Motor Vehicle for Storage or Towing Charges (KRS 376.275)
6. Lien for Work and Supplies on Equipment, Machinery and Motors (KRS 376.440, KRS 376.445)
7. Statement of Furnishing Labor, Material or Equipment (KRS 376.010(2) (To Be Furnished)
The document requires:
• The name and address of the claimant (asserting the lien) (KRS 376.080)
• The name of the contractor, subcontractor or authorized agent and the property owner (the person(s) whom the lien is asserted against) (KRS 376.010 & KRS 376.080)
• The lien is filed against the owner of the property and their name must be listed. (KRS 376.080).
• Description of property has to be specific enough to identify the property (an address on real property) (KRS 376.080).
• The lien must state the amount due and whether the services were performed by a contract with the owner or with contractor or subcontractor. (KRS 376.010 & KRS 376.080)
• Preparation Statement (KRS 382.335)
• The clerk shall request a return mail address (KRS 382.240)
• The person claiming the lien or someone on his behalf must sign the lien. Their signature must be notarized and the notary format must be subscribed and sworn. (KRS 376.080).
Clarification for above requirements:
Claimant – if claimant is a corporation, the document must contain the name and address of the corporation’s process agent. (KRS 376.080)
Owner – means an owner in fee simple, but also an owner under an executory contract.
Examples for personal property: serial numbers, make, model or licensing information. On horses, the horse is a three year old, brown colt known as ABC out of LWP by KLM.)
