Code of Virginia
Chapter 1 - Mechanics' and Materialmen's Liens
§ 43-20. Extent of lien where owner has less than fee in land

Subject to the provisions of § 43-3, if the person who shall cause a building or structure to be erected or repaired owns less than a fee simple estate in the land, then only his interest therein shall be subject to liens created under this chapter. When the vendee under a contract for the sale of real estate causes a building or structure to be erected or repaired on the land which is the subject of the contract and the owner has actual knowledge of such erection or repairs, the interest of the owner in the land shall be subject to liens created under this chapter; and for the purposes of § 43-21, the interest of such an owner in the land, to the extent of the unpaid purchase price, shall be deemed to be a recorded purchase money deed of trust lien created at the time the contract of sale was fully executed. As used in this section, "a contract for the sale of real estate" shall not include a lease of real estate containing an option to purchase the leased real estate or an option to purchase real estate unless the option is enforceable against the optionee.
Code 1919, § 6436; 1924, p. 413; 1968, c. 568; 1980, c. 574.

Structure Code of Virginia

Code of Virginia

Title 43 - Mechanics' and Certain Other Liens

Chapter 1 - Mechanics' and Materialmen's Liens

§ 43-1. Definitions

§ 43-2. Structures, materials, etc., deemed permanently annexed to freehold

§ 43-3. Lien for work done and materials furnished; waiver of right to file or enforce lien

§ 43-4. Perfection of lien by general contractor; recordation and notice

§ 43-4.1. Liens to be recorded in deed books and indexed in general index of deeds

§ 43-4.01. Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice

§ 43-5. Sufficiency of memorandum and affidavit required by § 43-4

§ 43-6. Repealed

§ 43-7. Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates

§ 43-8. Sufficiency of memorandum, affidavit and notice required by § 43-7

§ 43-9. Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien

§ 43-10. Sufficiency of memorandum, affidavit and notice required by § 43-9

§ 43-11. How owner or general contractor made personally liable to subcontractor, laborer or materialman

§ 43-12. Repealed

§ 43-13. Funds paid to general contractor or subcontractor must be used to pay persons performing labor or furnishing material

§ 43-13.1. Use of lien waiver form; forgery or signing without authority

§ 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale

§ 43-13.3. An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty

§ 43-14. Repealed

§ 43-14.1. Service of notices

§ 43-15. Inaccuracies in memorandum or description not affecting lien

§ 43-16. What owner may do when contractor fails or refuses to complete building, etc.

§ 43-17. Limitation on suit to enforce lien

§ 43-17.1. Hearing on validity of lien

§ 43-18. Lien of general contractor to inure to benefit of subcontractor

§ 43-19. Validity and priority of lien not affected by assignments

§ 43-20. Extent of lien where owner has less than fee in land

§ 43-21. Priorities between mechanics' and other liens

§ 43-22. How liens enforced

§ 43-23. Priority among liens perfected under this chapter

§ 43-23.1. Forfeiture of lien

§ 43-23.2. Remedies cumulative