§ 8450 Mechanic'S Lien Priority Rules

Civil Code·California

AI SummaryVerified

Key Takeaways

•If someone works on your house or land, their right to get paid comes before other loans or claims on that property.
•This only applies if the other loans or claims were made after the work started or if the worker didn’t know about them.
•There are some exceptions to this rule, but this is the basic idea.

Example

You hire a contractor to build a new room in your house. While they’re working, you take out a new loan using your house as collateral.

The contractor’s right to get paid for their work comes before the bank’s right to get paid from the new loan.

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

Official Source

View on CA.gov

§ 8450 Mechanic'S Lien Priority Rules

(a) A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that (1) attaches after commencement of the work of improvement or (2) was unrecorded at the commencement of the work of improvement and of which the claimant had no notice. (b) Subdivision (a) is subject to the exception provided for in Section 8452. (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

lien work of improvement priority encumbrance Section 8402 Section 8452

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 8450.

§ 8450 Mechanic'S Lien Priority Rules

Civil Code·California

AI SummaryVerified

§ 8450 Mechanic'S Lien Priority Rules

Key Takeaways

•If someone works on your house or land, their right to get paid comes before other loans or claims on that property.
•This only applies if the other loans or claims were made after the work started or if the worker didn’t know about them.
•There are some exceptions to this rule, but this is the basic idea.

Example

You hire a contractor to build a new room in your house. While they’re working, you take out a new loan using your house as collateral.

The contractor’s right to get paid for their work comes before the bank’s right to get paid from the new loan.

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

Official Source

View on CA.gov

§ 8450 Mechanic'S Lien Priority Rules

Last verified: January 21, 2026

Key Terms

lien work of improvement priority encumbrance Section 8402 Section 8452

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 8450.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References