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HomeCivil CodeDiv. 3Pt. 4Ch. 1Art. 4§ 2897 Lien Priority By Time

§ 2897 Lien Priority By Time

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2897 Lien Priority By Time

Key Takeaways

  • •If two people have a claim on the same thing, the first one to make the claim usually gets paid first.
  • •This rule doesn’t apply to special loans for ships or cargo (like old-timey ship loans).
  • •The law has been around since 1872.

Example

Imagine you and your friend both lend money to someone who owns a car. You lent money first, and your friend lent money later.

If the car owner can’t pay both of you back, you get paid first because you made your claim earlier.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2897 Lien Priority By Time

Other things being equal, different liens upon the same property have priority according to the time of their creation, except in cases of bottomry and respondentia. (Enacted 1872.)

Last verified: January 21, 2026

Key Terms

liensbottomry and respondentia

Related Statutes

  • § 2898 Purchase Price Lien Priority
  • § 1066 Grant Interpretation Rules
  • § 1067 Grant Limitation Clarity Rule
  • § 1068 Grant Interpretation Rules
  • § 1069 Grant Interpretation Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2897.
View Official Source