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HomeCivil CodeDiv. 4Pt. 6Ch. 4Art. 4§ 8440 Mechanic'S Lien Attachment Scope

§ 8440 Mechanic'S Lien Attachment Scope

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

§ 8440 Mechanic'S Lien Attachment Scope

Key Takeaways

  • •If you improve someone's property (like building a house or adding a fence), you can claim a legal right to that property if you're not paid.
  • •This right covers the work you did and the land around it that's needed to use what you built.
  • •This rule helps workers or companies get paid for their work on someone else's land.

Example

A contractor builds a new garage for a homeowner.

If the homeowner doesn't pay the contractor, the contractor can claim a legal right to the garage and the space around it until they get paid.

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

Official Source
View on CA.gov

§ 8440 Mechanic'S Lien Attachment Scope

Subject to Section 8442, a lien attaches to the work of improvement and to the real property on which the work of improvement is situated, including as much space about the work of improvement as is required for the convenient use and occupation of the work of improvement. (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

lienwork of improvementreal propertyconvenient use and occupation

Related Statutes

  • § 8442 Lien Attachment To Property
  • § 1213 Recorded Property Conveyance Notice
  • § 1214 Recording Priority For Property
  • § 1215 Real Property Conveyance Definition
  • § 1216 Power Revocation Recording Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 8440.
View Official Source