Mechanic's Lien — Work and Labor Done and Material Furnished — Contract Indivisible — Homestead — Entire Tract Subject to Lien — Segregation of House — Sale in Parcels.
1. A "laborer's lien" is solely for labor performed, while a "mechanic's lien" is broader and includes the "work done," i. e. the "building built," or superstructure put on the premises.
2. Where a contractor undertakes to put up a building and complete the same, the contract is indivisible and his "mechanic's lien" (section 1781 of The Code) embraces the entire outlay, whether in labor or material; and, under section 4 of Art. X of the Constitution, is superior to the homestead exemption of the owner.
3. The "material lien" is by virtue of the statute only, and does not come under the constitutional priority given to the "mechanic's lien for work done on the premises" over the homestead exemption.
4. Where a house is built by a contractor for the owner upon an undivided tract of 80 acres in the country, the mechanic's lien attaches to the whole tract, especially where it appears that the house alone, apart from the tract of land, would be of comparatively little value.
5. The fact that a house and improvements, built by a contractor upon a tract of 80 acres belonging to the owner, are enclosed by a fence including about three acres, is not a segregation or division of the house from the tract so as to confine the mechanic's lien to the enclosure.
6. In such case, though the lien is upon the whole tract, it should be divided, if practicable and desired by the defendant, in making sale, and the parts sold in such order as he may elect, so that, if possible, the lien may be discharged without exhausting the entire tract.
CLARK, J.
The plaintiff having built a house for the defendant was entitled to his mechanic's lien therefor, not merely for the value of the labor expended but for the contract price of the house (The Code, sec. 1781), which lien is superior to the homestead. Const., Art. 10, sec. 4. When the contractor undertakes to put up a building and complete the same, the contract is indivisible and his "mechanic's lien" embraces the entire outlay, whether in labor or material, being for "work done on the premises," i. e. for the betterments on it. The "laborer's lien" is solely for labor performed. The mechanic's lien is broader and includes the "work done," i. e. the "building built" or superstructure placed on the premises. Merrigan v. English, 9 Mont. 113, 124; Phelps v. Stray, 32 Neb. 19.
It is otherwise when there is simply material furnished which the owner places upon the building either himself or by employing others. The "material lien" is by virtue of the statute only, and does not come under the constitutional priority given to the "mechanic's lien for work done on the premises" over the homestead exemption. Cumming v. Bloodworth, 87 N.C. 83.
The house being built upon an undivided and entire tract of 80 acres in the country, the mechanic's lien was upon the whole tract, especially as it is found as a fact or not denied, that the "house alone would be of comparatively little value, as no one would wish the house (446) apart from the land." It was no segregation or division of the house from the tract that "the house and improvements were enclosed in a fence including about three acres." The lien is on the whole tract, but it should be divided if practicable and desired by the defendant in making sale, and the parts sold in such order as the homesteader may elect, so that it may be the lien will be discharged without exhausting the tract, and the part preferred by the debtor not subjected to sale. Thus modified, the judgment is
AFFIRMED.
Cited: Cheeseborough v. Sanatorium, 134 N.C. 248; Isler v. Dixon, 140 N.C. 529; Alexander v. Farrow, 151 N.C. 323; Hall v. Jones, ib., 424; Roper v. Ins. Co., 161 N.C. 160.