{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-21.html"}],"law_id":66928,"edition_id":1,"section_id":66928,"structure_id":14160,"section_number":"43-21","catch_line":"Priorities between mechanics’ and other liens","history":"Code 1919, \u00a7 6436; 1924, p. 413; 1968, c. 568; 2018, cc. 79, 325.","full_text":"No lien or encumbrance upon the land created before the work was commenced or materials furnished shall operate upon the building or structure erected thereon, or materials furnished for and used in the same, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied; nor shall any lien or encumbrance upon the land created after the work was commenced or materials furnished operate on the land, or such building or structure, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied.\n\t\tUnless otherwise provided in the subordination agreement, if the holder of the prior recorded lien of a purchase money deed of trust subordinates to the lien of a construction money deed of trust, such subordination shall be limited to the construction money deed of trust and said prior lien shall not be subordinate to mechanics’ and materialmen’s liens to the extent of the value of the land by virtue of such agreement.\n\t\tIn the enforcement of the liens acquired under the previous sections of this chapter, any lien or encumbrance created on the land before the work was commenced or materials furnished shall be preferred in the distribution of the proceeds of sale only to the extent of the value of the land estimated, exclusive of the buildings or structures, at the time of sale, and the residue of the proceeds of sale shall be applied to the satisfaction of the liens provided for in the previous sections of this chapter. Provided that liens filed for performing labor or furnishing materials for the repair or improvement of any building or structure shall be subject to any encumbrance against such land and building or structure of record prior to the commencement of the improvements or repairs or the furnishing of materials or supplies therefor. Nothing contained in the foregoing proviso shall apply to liens that may be filed for the construction or removal of any building or structure.\n\t\tNotwithstanding the provisions of subsection C of \u00a7 43-3, a general contractor may, prior to or after providing any labor, services, or materials, contract to subordinate his lien rights to prior recorded and later recorded deeds of trust, provided that such contract is (i) in writing and (ii) signed by any general contractor whose lien rights are subordinated pursuant to such contract.","order_by":null,"text":{"0":{"id":242652,"text":"No lien or encumbrance upon the land created before the work was commenced or materials furnished shall operate upon the building or structure erected thereon, or materials furnished for and used in the same, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied; nor shall any lien or encumbrance upon the land created after the work was commenced or materials furnished operate on the land, or such building or structure, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied.\n\t\tUnless otherwise provided in the subordination agreement, if the holder of the prior recorded lien of a purchase money deed of trust subordinates to the lien of a construction money deed of trust, such subordination shall be limited to the construction money deed of trust and said prior lien shall not be subordinate to mechanics’ and materialmen’s liens to the extent of the value of the land by virtue of such agreement.\n\t\tIn the enforcement of the liens acquired under the previous sections of this chapter, any lien or encumbrance created on the land before the work was commenced or materials furnished shall be preferred in the distribution of the proceeds of sale only to the extent of the value of the land estimated, exclusive of the buildings or structures, at the time of sale, and the residue of the proceeds of sale shall be applied to the satisfaction of the liens provided for in the previous sections of this chapter. Provided that liens filed for performing labor or furnishing materials for the repair or improvement of any building or structure shall be subject to any encumbrance against such land and building or structure of record prior to the commencement of the improvements or repairs or the furnishing of materials or supplies therefor. Nothing contained in the foregoing proviso shall apply to liens that may be filed for the construction or removal of any building or structure.\n\t\tNotwithstanding the provisions of subsection C of \u00a7 43-3, a general contractor may, prior to or after providing any labor, services, or materials, contract to subordinate his lien rights to prior recorded and later recorded deeds of trust, provided that such contract is (i) in writing and (ii) signed by any general contractor whose lien rights are subordinated pursuant to such contract.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14160,"edition_id":1,"name":"Mechanics' and Materialmen's Liens","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":14159,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":221267,"object_type":"structure","relational_id":14160,"identifier":"1","token":"43\/1","url":"\/43\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14159,"edition_id":1,"name":"Mechanics' and Certain Other Liens","identifier":"43","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":221265,"object_type":"structure","relational_id":14159,"identifier":"43","token":"43","url":"\/43\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81902,"structure_id":14160,"section_number":"43-1","catch_line":"Definitions","url":"\/43-1\/","token":"43\/1\/43-1","metadata":false},{"id":72410,"structure_id":14160,"section_number":"43-10","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-9","url":"\/43-10\/","token":"43\/1\/43-10","metadata":false},{"id":55337,"structure_id":14160,"section_number":"43-11","catch_line":"How owner or general contractor made personally liable to subcontractor, laborer or materialman","url":"\/43-11\/","token":"43\/1\/43-11","metadata":false},{"id":79868,"structure_id":14160,"section_number":"43-12","catch_line":"Repealed","url":"\/43-12\/","token":"43\/1\/43-12","metadata":false},{"id":64540,"structure_id":14160,"section_number":"43-13","catch_line":"Funds paid to general contractor or subcontractor must be used to pay persons performing labor or furnishing material","url":"\/43-13\/","token":"43\/1\/43-13","metadata":false},{"id":69845,"structure_id":14160,"section_number":"43-13.1","catch_line":"Use of lien waiver form; forgery or signing without authority","url":"\/43-13.1\/","token":"43\/1\/43-13.1","metadata":false},{"id":86055,"structure_id":14160,"section_number":"43-13.2","catch_line":"When an affidavit or a signed statement of payment required of owner prior to sale","url":"\/43-13.2\/","token":"43\/1\/43-13.2","metadata":false},{"id":80570,"structure_id":14160,"section_number":"43-13.3","catch_line":"An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty","url":"\/43-13.3\/","token":"43\/1\/43-13.3","metadata":false},{"id":79181,"structure_id":14160,"section_number":"43-14","catch_line":"Repealed","url":"\/43-14\/","token":"43\/1\/43-14","metadata":false},{"id":71794,"structure_id":14160,"section_number":"43-14.1","catch_line":"Service of notices","url":"\/43-14.1\/","token":"43\/1\/43-14.1","metadata":false},{"id":66035,"structure_id":14160,"section_number":"43-15","catch_line":"Inaccuracies in memorandum or description not affecting lien","url":"\/43-15\/","token":"43\/1\/43-15","metadata":false},{"id":55414,"structure_id":14160,"section_number":"43-16","catch_line":"What owner may do when contractor fails or refuses to complete building, etc","url":"\/43-16\/","token":"43\/1\/43-16","metadata":false},{"id":68827,"structure_id":14160,"section_number":"43-17","catch_line":"Limitation on suit to enforce lien","url":"\/43-17\/","token":"43\/1\/43-17","metadata":false},{"id":71472,"structure_id":14160,"section_number":"43-17.1","catch_line":"Hearing on validity of lien","url":"\/43-17.1\/","token":"43\/1\/43-17.1","metadata":false},{"id":57819,"structure_id":14160,"section_number":"43-18","catch_line":"Lien of general contractor to inure to benefit of subcontractor","url":"\/43-18\/","token":"43\/1\/43-18","metadata":false},{"id":58965,"structure_id":14160,"section_number":"43-19","catch_line":"Validity and priority of lien not affected by assignments","url":"\/43-19\/","token":"43\/1\/43-19","metadata":false},{"id":61935,"structure_id":14160,"section_number":"43-2","catch_line":"Structures, materials, etc., deemed permanently annexed to freehold","url":"\/43-2\/","token":"43\/1\/43-2","metadata":false},{"id":66681,"structure_id":14160,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","url":"\/43-20\/","token":"43\/1\/43-20","metadata":false},{"id":66928,"structure_id":14160,"section_number":"43-21","catch_line":"Priorities between mechanics' and other liens","url":"\/43-21\/","token":"43\/1\/43-21","metadata":false},{"id":68364,"structure_id":14160,"section_number":"43-22","catch_line":"How liens enforced","url":"\/43-22\/","token":"43\/1\/43-22","metadata":false},{"id":72370,"structure_id":14160,"section_number":"43-23","catch_line":"Priority among liens perfected under this chapter","url":"\/43-23\/","token":"43\/1\/43-23","metadata":false},{"id":67717,"structure_id":14160,"section_number":"43-23.1","catch_line":"Forfeiture of lien","url":"\/43-23.1\/","token":"43\/1\/43-23.1","metadata":false},{"id":55321,"structure_id":14160,"section_number":"43-23.2","catch_line":"Remedies cumulative","url":"\/43-23.2\/","token":"43\/1\/43-23.2","metadata":false},{"id":75637,"structure_id":14160,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","url":"\/43-3\/","token":"43\/1\/43-3","metadata":false},{"id":75853,"structure_id":14160,"section_number":"43-4","catch_line":"Perfection of lien by general contractor; recordation and notice","url":"\/43-4\/","token":"43\/1\/43-4","metadata":false},{"id":73387,"structure_id":14160,"section_number":"43-4.01","catch_line":"Posting of building permit; identification of mechanics' lien agent in building permit; notice to mechanics' lien agent; effect of notice","url":"\/43-4.01\/","token":"43\/1\/43-4.01","metadata":false},{"id":66257,"structure_id":14160,"section_number":"43-4.1","catch_line":"Liens to be recorded in deed books and indexed in general index of deeds","url":"\/43-4.1\/","token":"43\/1\/43-4.1","metadata":false},{"id":83985,"structure_id":14160,"section_number":"43-5","catch_line":"Sufficiency of memorandum and affidavit required by \u00a7 43-4","url":"\/43-5\/","token":"43\/1\/43-5","metadata":false},{"id":61637,"structure_id":14160,"section_number":"43-6","catch_line":"Repealed","url":"\/43-6\/","token":"43\/1\/43-6","metadata":false},{"id":79054,"structure_id":14160,"section_number":"43-7","catch_line":"Perfection of lien by subcontractor; extent of lien; affirmative defense; provisions relating to time-share estates","url":"\/43-7\/","token":"43\/1\/43-7","metadata":false},{"id":81789,"structure_id":14160,"section_number":"43-8","catch_line":"Sufficiency of memorandum, affidavit and notice required by \u00a7 43-7","url":"\/43-8\/","token":"43\/1\/43-8","metadata":false},{"id":66394,"structure_id":14160,"section_number":"43-9","catch_line":"Perfection of lien by person performing labor or furnishing materials for a subcontractor; extent of lien","url":"\/43-9\/","token":"43\/1\/43-9","metadata":false}],"previous_section":{"id":66681,"structure_id":14160,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","url":"\/43-20\/","token":"43\/1\/43-20","metadata":false},"next_section":{"id":68364,"structure_id":14160,"section_number":"43-22","catch_line":"How liens enforced","url":"\/43-22\/","token":"43\/1\/43-22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-21\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 568; in 2018, chapters 79<\/a> and 325<\/a>.<\/p>","references":[{"id":66681,"section_number":"43-20","catch_line":"Extent of lien where owner has less than fee in land","order_by":null,"url":"\/43-20\/"}],"refers_to":[{"id":75637,"section_number":"43-3","catch_line":"Lien for work done and materials furnished; waiver of right to file or enforce lien","order_by":null,"url":"\/43-3\/"}],"permalink":{"id":221341,"object_type":"law","relational_id":66928,"identifier":"43-21","token":"43\/1\/43-21","url":"\/43-21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-21\/","token":"43\/1\/43-21","dublin_core":{"Title":"Priorities between mechanics’ and other liens","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No lien<\/span> or encumbrance upon the land created before the work was commenced or materials<\/span> furnished shall operate upon the building or structure erected thereon, or materials<\/span> furnished for and used in the same, until the lien<\/span> in favor of the person doing the work or furnishing the materials<\/span> shall have been satisfied; nor shall any lien<\/span> or encumbrance upon the land created after the work was commenced or materials<\/span> furnished operate on the land, or such building or structure, until the lien<\/span> in favor of the person doing the work or furnishing the materials<\/span> shall have been satisfied.\n\t\tUnless otherwise provided in the subordination<\/span> agreement, if the holder of the prior recorded lien<\/span> of a purchase money deed of trust subordinates to the lien<\/span> of a construction money deed of trust, such subordination<\/span> shall be limited to the construction money deed of trust and said prior lien<\/span> shall not be subordinate to mechanics’ and materialmen’s liens<\/span> to the extent of the value of the land by virtue of such agreement.\n\t\tIn the enforcement of the liens<\/span> acquired under the previous sections of this chapter, any lien<\/span> or encumbrance created on the land before the work was commenced or materials<\/span> furnished shall be preferred in the distribution of the proceeds of sale only to the extent of the value of the land estimated, exclusive of the buildings or structures, at the time of sale, and the residue of the proceeds of sale shall be applied to the satisfaction of the liens<\/span> provided for in the previous sections of this chapter. Provided that liens<\/span> filed for performing labor or furnishing materials<\/span> for the repair or improvement of any building or structure shall be subject to any encumbrance against such land and building or structure of record prior to the commencement of the improvements or repairs or the furnishing of materials<\/span> or supplies therefor. Nothing contained in the foregoing proviso shall apply to liens<\/span> that may be filed for the construction or removal of any building or structure.\n\t\tNotwithstanding the provisions of subsection C of \u00a7 43-3<\/a>, a general contractor may, prior to or after providing any labor, services, or materials<\/span>, contract<\/span> to subordinate his lien<\/span> rights to prior recorded and later recorded deeds of trust, provided that such contract<\/span> is (i) in writing and (ii) signed by any general contractor whose lien<\/span> rights are subordinated pursuant to such contract<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIORITIES BETWEEN MECHANICS’ AND OTHER LIENS (\u00a7 43-21)\n\nNo lien or encumbrance upon the land created before the work was commenced or\nmaterials furnished shall operate upon the building or structure erected\nthereon, or materials furnished for and used in the same, until the lien in\nfavor of the person doing the work or furnishing the materials shall have been\nsatisfied; nor shall any lien or encumbrance upon the land created after the\nwork was commenced or materials furnished operate on the land, or such building\nor structure, until the lien in favor of the person doing the work or furnishing\nthe materials shall have been satisfied.\n\t\tUnless otherwise provided in the subordination agreement, if the holder of the\nprior recorded lien of a purchase money deed of trust subordinates to the lien\nof a construction money deed of trust, such subordination shall be limited to\nthe construction money deed of trust and said prior lien shall not be\nsubordinate to mechanics’ and materialmen’s liens to the extent of\nthe value of the land by virtue of such agreement.\n\t\tIn the enforcement of the liens acquired under the previous sections of this\nchapter, any lien or encumbrance created on the land before the work was\ncommenced or materials furnished shall be preferred in the distribution of the\nproceeds of sale only to the extent of the value of the land estimated,\nexclusive of the buildings or structures, at the time of sale, and the residue\nof the proceeds of sale shall be applied to the satisfaction of the liens\nprovided for in the previous sections of this chapter. Provided that liens filed\nfor performing labor or furnishing materials for the repair or improvement of\nany building or structure shall be subject to any encumbrance against such land\nand building or structure of record prior to the commencement of the\nimprovements or repairs or the furnishing of materials or supplies therefor.\nNothing contained in the foregoing proviso shall apply to liens that may be\nfiled for the construction or removal of any building or structure.\n\t\tNotwithstanding the provisions of subsection C of \u00a7 43-3, a general\ncontractor may, prior to or after providing any labor, services, or materials,\ncontract to subordinate his lien rights to prior recorded and later recorded\ndeeds of trust, provided that such contract is (i) in writing and (ii) signed by\nany general contractor whose lien rights are subordinated pursuant to such\ncontract.\n\nHISTORY: Code 1919, \u00a7 6436; 1924, p. 413; 1968, c. 568; 2018, cc. 79, 325.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}