                                 CODE OF VIRGINIA

EXTENT OF LIEN WHERE OWNER HAS LESS THAN FEE IN LAND (§ 43-20)

Subject to the provisions of § 43-3, if the person who shall cause a building
or structure to be erected or repaired owns less than a fee simple estate in the
land, then only his interest therein shall be subject to liens created under
this chapter. When the vendee under a contract for the sale of real estate
causes a building or structure to be erected or repaired on the land which is
the subject of the contract and the owner has actual knowledge of such erection
or repairs, the interest of the owner in the land shall be subject to liens
created under this chapter; and for the purposes of § 43-21, the interest of
such an owner in the land, to the extent of the unpaid purchase price, shall be
deemed to be a recorded purchase money deed of trust lien created at the time
the contract of sale was fully executed. As used in this section, &#8220;a
contract for the sale of real estate&#8221; shall not include a lease of real
estate containing an option to purchase the leased real estate or an option to
purchase real estate unless the option is enforceable against the optionee.

HISTORY: Code 1919, § 6436; 1924, p. 413; 1968, c. 568; 1980, c. 574.