Full Statute Name:  West's Annotated Code of Virginia. Title 43. Mechanics' and Certain Other Liens. Chapter 4. Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees. § 43–32 Lien of keeper of livery stable, marina, etc.

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Primary Citation:  Va. Code Ann. § 43-32 Country of Origin:  United States Last Checked:  January, 2018 Alternate Citation:  VA Code Ann. § 43-32 Date Adopted:  1968
Summary:

Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircrafts, or harness, will have a lien for the amount that would be due for towing, storage, recovery, keeping, supporting, and care. The lien will be removed once the amount is paid.

A. Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircraft, or harness, shall have a lien upon such horses and other animals, boats, aircraft, and harness, for the amount that may be due him for the towing, storage, recovery, keeping, supporting, and care thereof, until such amount is paid.

B. In the case of any boat or aircraft subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the marina, hangar, or tie-down shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 43-33 not to exceed $1,000. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Game and Inland Fisheries by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Game and Inland Fisheries within seven business days of taking possession of the boat or aircraft. If the secured party does not, within seven business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full amount of storage charges, not to exceed $500. Notwithstanding a redelivery, the watercraft shall be subject to subsection D.

C. In addition, any person furnishing services involving the towing and recovery of a boat or aircraft shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the boat or aircraft by certified mail, return receipt requested, to all secured parties of record at the Department of Game and Inland Fisheries.

D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid.

CREDIT(S)

Acts 1968, c. 320; Acts 1970, c. 56; Acts 1976, c. 77; Acts 1977, c. 382; Acts 1981, c. 453; Acts 1984, c. 396; Acts 1988, c. 120; Acts 1990, c. 665; Acts 1992, c. 403; Acts 1999, c. 533; Acts 2004, c. 215; Acts 2005, c. 98; Acts 2006, c. 874; Acts 2006, c. 891; Acts 2009, c. 664, eff. Oct. 1, 2009. Amended by Acts 2016, c. 397.

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