Virginia adopted the Uniform Federal Lien Registration Act, Va. Code § 55.1-653 et seq. Under the Act, federal environmental liens are filed with the Clerk of the Circuit Court of the county where the real estate is located. The Virginia Waste Management Act, Va. Code § 10.1-1400 et seq., provides for penalties for violations by no administrative liens to enforce response costs or fines.

LABOR AND MATERIALMEN'S LIEN CLAIMS - PRIORITY ISSUES

Virginia law permits persons performing labor or furnishing materials of the value of $150 or more, including the reasonable rental or use value of equipment, for the construction, removal, repair or improvement of any building or structure permanently annexed to the freehold to file a lien upon the building or structure, and so much land as shall be necessary for its convenient use and enjoyment. Va. Code § 43-3. This lien may be filed at any time after the work is commenced or the material is furnished, but not later than 90 days from the last day of the month in which the lien claimant last performed work or furnished materials and in no event later than 90 days from the time the building or structure is complete or the work thereon is otherwise terminated by a general contractor under Va. Code § 43-4 or a subcontractor under Va. Code § 43-7. A suit to enforce the filed mechanic's lien must be brought within 6 months from the time when the memorandum of lien was recorded, or within 60 days from the time the building was completed or the work otherwise terminated, whichever occurs last. Va. Code § 43-17.

Mechanic's liens in Virginia enjoy “super priority” status. Va. Code § 43-21. If a mechanic's lien is recorded on property upon which a deed of trust was recorded before work began on the building or structure placed thereon, the deed of trust creditor is entitled to priority of satisfaction to the extent of the estimated value of the property without the improvements for which the lien is claimed. The value is to be estimated as of the date of sale, and may be fixed either directly by the court upon the testimony of witnesses, or by reference to a Commissioner, subject to exceptions to his report. Where deeds of trust are put upon land prior to the commencement of the buildings to secure a loan to be used in their erection, mechanic's liens have priority over the deeds of trust as to the building. In short, lenders cannot achieve priority over mechanic's liens when the loan proceeds are to be used for the construction of a building. The mortgage is a first lien on the land and a second lien on the building, while the mechanic's liens are a first lien on the building and its curtilage and a second lien on the rest of the land. Mechanic's lien law is a creature of statute and construed strictly.

Mechanic's liens do not attach to removable fixtures. The lien is only “upon such building or structure, and so much land therewith as shall be necessary for the convenient use and enjoyment thereof.” Va. Code § 43-3.

Va. Code § 43-4.01 sets forth provisions for the identification of a mechanic's lien agent in connection with the construction of 1- to 2-family dwelling units and limits mechanic's lien rights in those cases when a mechanic's lien agent is named.

Virginia

Mortgage Law Summary

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Mortgage Law Summary for Virginia