TITLE 34
Property

CHAPTER 34-28
Mechanics' Liens

SECTION 34-28-3


§ 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.)