The land upon which any building, improvement or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, if at the commencement of the work, or of the furnishing the materials for the same, the land belonged to the person who caused said building, improvement or structure to be constructed, altered or repaired, but if such person owned less than a fee simple estate in such land, then only his interest therein is subject to such lien.

History: Laws 1880, ch. 16, § 4; C.L. 1884, § 1522; C.L. 1897, § 2219; Code 1915, § 3321; C.S. 1929, § 82-204; 1941 Comp., § 63-204; 1953 Comp., § 61-2-4.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Liberal construction. — Mechanic's Lien Law while in derogation of the common law, was remedial in nature and would be liberally construed. Dysart v. Youngblood, 1940-NMSC-032, 44 N.M. 351, 102 P.2d 664.

Land subject to lien. — Appellant could not complain of the quantity of land subjected to lien under this section when he did not request the trial court to limit the area. Albuquerque Foundry & Mach. Works v. Stone, 1930-NMSC-017, 34 N.M. 540, 286 P. 157.

Mechanic's lien for drilling a water well covered the entire section of land upon which the well was drilled. Dysart v. Youngblood, 1940-NMSC-032, 44 N.M. 351, 102 P.2d 664.

Mechanic's lien against a reservoir and ditch system covered the land proposed to be irrigated thereby. Ford v. Springer Land Ass'n, 1895-NMSC-011, 8 N.M. 37, 41 P. 541, aff'd, 168 U.S. 513, 18 S. Ct. 170, 42 L. Ed. 562 (1897).

Lien for construction of mill and tramway covered mine adjacent thereto where mill was connected to mine by tramway, same parties owned mine and mill and the mill and tramway were used solely for treatment of ores from mine. Stearns-Roger Mfg. Co. v. Aztec Gold Mining & Milling Co., 1908-NMSC-001, 14 N.M. 300, 93 P. 706.

Lien as to separate owners. — Bill to enforce lien was not made demurrable by fact that improvement was owned by one defendant and land was owned by another where materials were furnished and work done with knowledge of both. Post v. Miles, 1893-NMSC-033, 7 N.M. 317, 34 P. 586.

Only lessee responsible. — Where materials were charged to the lessee, the lessee's interest only was subject to the lien unless the owner failed to post notice of nonresponsibility. Rio Grande Lumber & Fuel Co. v. Buergo, 1937-NMSC-078, 41 N.M. 624, 73 P.2d 312.

Labor on interdependent properties included. — Where mining claims and a mill were leased and operated as one property, each essential to the other, and the labor was diverted from one to the other at convenience, labor performed in the mill would support a lien on the claims even though the mill was not on them. Mitchell v. McCutcheon, 1927-NMSC-061, 33 N.M. 78, 260 P. 1086.

No extension of lien after attachment. — Rescission of executory contract reserving title, for vendee's default, after a materialman's lien had attached to the equitable interest did not extend lien to cover the fee. Albuquerque Lumber Co. v. Tomei, 1926-NMSC-033, 32 N.M. 5, 250 P. 21.

Mechanic's lien not avoided by destruction of improvements after filing lien. Armijo v. Mountain Elec. Co., 1902-NMSC-002, 11 N.M. 235, 67 P. 726.

Showing benefit to land improved by another not indispensable to lien. Albuquerque Lumber Co. v. Montevista Co., 1934-NMSC-086, 39 N.M. 6, 38 P.2d 77.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53 Am. Jur. 2d Mechanics' Liens §§ 56, 57, 58, 239, 256 et seq., 415 et seq., 430 et seq.

Lien on highways and bridges, 26 A.L.R. 344.

Rights and duties as between owner of land and owner of timber or of mineral in place as regards liens covering both interests, 26 A.L.R. 1031.

Casings of oil and gas wells as subject to mechanic's lien, 39 A.L.R. 1260.

Wells as within term of statute descriptive of improvement, 55 A.L.R. 1562, 92 A.L.R. 753, 109 A.L.R. 395.

Lien on interest of one causing improvements to be made, 58 A.L.R. 938, 102 A.L.R. 233.

Assertion of lien upon real estate to which chattels under conditional sales contract are attached, 58 A.L.R. 1122.

Interest of owner of land as subject to lien for material or service engaged by holder of mineral interests, 59 A.L.R. 548.

Removal, destruction, demolition of, or damage to improvement as affecting mechanic's lien, 74 A.L.R. 428.

Construction and application of provision of lien statute as to quantity or area of land around improvement which may be subjected to lien, 84 A.L.R. 123.

Canals, drains or ditches as within term of Mechanic's Lien Law descriptive of improvement, 92 A.L.R. 753.

Oil and gas, right or interest subject to statutory lien for labor or material in developing property for, 122 A.L.R. 1182.

Rights and liabilities with respect to natural gas reduced to possession and subsequently stored in natural reservoir, 94 A.L.R.2d 543.

Swimming pool as lienable item within mechanic's lien statute, 95 A.L.R.2d 1371.

What constitutes "commencement of building or improvement" for purposes of determining accrual of lien, 1 A.L.R.3d 822.

56 C.J.S. Mechanics' Liens §§ 4, 10, 18, 20, 22, 27, 28, 211 to 219, 236, 237, 274.