Rhode Island General Laws
Chapter 34-28 - Mechanics’ Liens
Section 34-28-3. - Improvements by consent of owner of less than freehold.

§ 34-28-3. Improvements by consent of owner of less than freehold.
Whenever any building, canal, turnpike, railroad, or other improvement shall be constructed, erected, altered, or repaired by oral or written contract with or at the oral or written request of the owner, the owner being at the time less than sole owner of the fee simply (including, without restricting the foregoing, a life tenant, tenant in common, joint tenant, and tenant by entirety), or by the husband of the owner with the consent of his wife (and, in the case of a tenant by entirety, no lien shall be had either against the husband’s or the wife’s interest in the improvement unless the consent is given), the building, canal, turnpike, railroad, or other improvement, together with the title and interest of the owner in the land on which the improvement is located, shall stand subject to liens for all the work done by any person in the construction, erection, alteration, or reparation of such building, canal, turnpike, railroad, or other improvement, and for the materials used in the construction, erection, or reparation thereof, which have been furnished by any person, but not the interest or title of any other owner of an estate in such land, unless the consent in writing of the other owner is first obtained, assenting to the construction, erection, alteration, or reparation.
History of Section.G.L. 1896, ch. 206, § 3; G.L. 1909, ch. 257, § 3; G.L. 1923, ch. 301, § 3; G.L. 1938, ch. 445, § 3; G.L. 1956, § 34-28-3; P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 34 - Property

Chapter 34-28 - Mechanics’ Liens

Section 34-28-1. - Improvements by consent of owner — Contracts barring enforcement of lien against public policy.

Section 34-28-2. - Improvements by consent of tenant or lessee.

Section 34-28-3. - Improvements by consent of owner of less than freehold.

Section 34-28-3.1. - Materials to include rental or lease of any equipment.

Section 34-28-4. - Notice of intention to claim lien.

Section 34-28-4.1. - Contractors.

Section 34-28-5. - Recording notice of intention.

Section 34-28-6. - Repealed.

Section 34-28-7. - Lien of architect or engineer.

Section 34-28-8. - Land subject to lien.

Section 34-28-9. - Effective period of notice.

Section 34-28-10. - Complaint to enforce lien — Lis pendens notice.

Section 34-28-11. - Contents of lis pendens.

Section 34-28-12. - Recording of lis pendens.

Section 34-28-13. - Form of complaint to enforce lien.

Section 34-28-14. - Notice of complaint to owners and encumbrancers.

Section 34-28-15. - Contents and service of citation to owners and encumbrancers.

Section 34-28-16. - Entry of appearance and filing of account or claim.

Section 34-28-16.1. - Petition to foreclose mortgage.

Section 34-28-16.2. - Proceedings in superior court.

Section 34-28-17. - Dismissal of complaint, notice of lien, and release of lien upon deposit in court.

Section 34-28-17.1. - Dismissal of complaint for other cause.

Section 34-28-18. - Consolidation of proceedings by different lienholders.

Section 34-28-19. - Costs of proceedings.

Section 34-28-20. - Persons entitled to contest claims.

Section 34-28-21. - Decree ordering sale.

Section 34-28-22. - Court instructions as to sale.

Section 34-28-23. - Application of proceeds of sale.

Section 34-28-24. - Master’s bond.

Section 34-28-25. - Priority of liens.

Section 34-28-26. - Subordination or release of lien.

Section 34-28-27. - Direct payment on release of lien.

Section 34-28-28. - Damages on withholding direct payment or consent thereto.

Section 34-28-29. - Form of demand for direct payment.

Section 34-28-30. - Suit on bond to secure payment.

Section 34-28-31. - Application to governmental agencies.

Section 34-28-32. - Contractor excused from completing work upon filing of complaint.

Section 34-28-32.2. - Construction.

Section 34-28-33. - Remedy of chapter not exclusive.

Section 34-28-34. - Definitions.

Section 34-28-35. - Form of real estate description.

Section 34-28-36. - Short title.

Section 34-28-37. - Severability.