CHAPTER 311

H.P. 199 - L.D. 260

An Act To Amend the Laws Governing Mechanics Liens

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA §3255, sub-§2, as amended by PL 1993, c. 137, §2, is repealed and the following enacted in its place:

2.__Bona fide purchaser.__Any person who is a bona fide purchaser for value of a house, building or appurtenances, a public building erected or owned by any city, town, county, school district or other municipal corporation, or a wharf or pier or any building thereon, including the ground adjacent to and upon which any such objects are constructed, takes title free of the lien described in this chapter unless, before the bona fide purchaser takes title to the premises on which such lien attaches:

A.__The person performing or furnishing that labor, materials or services either has filed the notice required by section 3253 or has filed a notice in the office of the register of deeds in the county or registry district in which these premises are located setting forth a description of the property sufficiently accurate to identify it; the names of the owners; that the claimant is going to perform or furnish, is performing or furnishing or has performed or furnished labor, materials or services; and that the claimant may claim a lien therefor; and

B.__If an action to enforce the lien has been commenced in accordance with this section, notice has been provided in accordance with section 3261.