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HomeCivil CodeDiv. 4Pt. 6Ch. 3§ 8316 Lien Priority Over Recorded Interests

§ 8316 Lien Priority Over Recorded Interests

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

§ 8316 Lien Priority Over Recorded Interests

Key Takeaways

  • •If someone buys, rents, or loans money for a property before a lien is recorded, the lien doesn’t affect their rights.
  • •If a bank loans money for construction work, any lien from a designer (like an architect) doesn’t override the bank’s claim.
  • •The order of recording matters—whoever records their interest first has priority.

Example

A family buys a house, and the sale is officially recorded. Later, a contractor files a lien because they weren’t paid for work done on the house.

The family’s ownership is protected because they recorded their purchase before the lien was filed. The contractor’s lien doesn’t affect the family’s rights to the house.

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

Official Source
View on CA.gov

§ 8316 Lien Priority Over Recorded Interests

(a) No lien created under this chapter affects or takes priority over the interest of record of a purchaser, lessee, or encumbrancer, if the interest of the purchaser, lessee, or encumbrancer in the real property was duly recorded before recordation of the claim of lien. (b) No lien created under this chapter affects or takes priority over an encumbrance of a construction lender that funds the loan for the work of improvement for which the design professional provided services. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

Last verified: January 21, 2026

Key Terms

lienpurchaserlesseeencumbrancerconstruction lenderwork of improvementdesign professional

Related Statutes

  • § 8304 Design Professional Lien Requirements
  • § 8306 Design Professional Lien Expiration
  • § 8310 Design Professional Lien Preservation
  • § 8300 Design Professional Definition
  • § 8302 Design Professional Lien Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8316.
View Official Source