Wednesday, March 12, 2008

Application of Mechanic's Liens: Removable Machines

Maryland's highest court recently held that Maryland's Mechanic's lien laws apply to immobile but ultimately removable machines. In this case, the Court held that the contractor who constructed a dredge for a sand and gravel pit could lien the dredge. The Court drew a distinction between machines that were ultimately movable in use versus those that are merely removable. The court concluded that those machines that are movable in use are not subject to mechanic's liens whereas those that are merely removable are lienable. In this case, the Court reasoned that the Dredge was no movable in use because it was located in a sand and gravel pit and hence subject to a lien. Finally, the Court noted that machines incorporated into a building are not lienable because at that point the building itself becomes lienable

For further questions regarding Mechanic's Liens, please contact Matt Hjortsberg at 410-583-2400 or at Hjortsberg@bowie-jensen.com

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