38-1-5. Priority -- Over other encumbrances.
The liens herein provided for shall relate back to, and take effect as of, the time of the
commencement to do work or furnish materials on the ground for the structure or improvement,
and shall have priority over any lien, mortgage or other encumbrance which may have attached
subsequently to the time when the building, improvement or structure was commenced, work
begun, or first material furnished on the ground; also over any lien, mortgage or other
encumbrance of which the lien holder had no notice and which was unrecorded at the time the
building, structure or improvement was commenced, work begun, or first material furnished on
the ground.
No Change Since 1953
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Last revised: Wednesday, July 23, 2008