Section 44-11-3 - Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions

44-11-3. Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions.Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred twenty days after such surrender or loss of possession he gives notice of his lien by proper filing thereof in the office of the register of deeds in accordance with §§44-2-3 to 44-2-9, inclusive, and such liens shall be valid against everyone except a purchaser or encumbrancer in good faith, without notice, and for value whose rights were acquired prior to the filing of such statement. Source: SL 1925, ch 216, §3; SL 1927, ch 160, §3; SDC 1939, §39.0803; SL 1969, ch 165.