S-3862               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3453

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge, Newhouse and Hayner)

Read first time 1/17/86.

AN ACT Relating to liens; and adding a new chapter to Title 60 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     (1) It is the intent of this chapter to limit the circumstances in which nonconsensual common law liens shall be recognized in this state.

          (2) For the purposes of this chapter:

          (a) "Lien" means an encumbrance on property as security for the payment of a debt; and

          (b) "Nonconsensual common law lien" is a lien that:

          (i) Is recognized now or hereafter under the common law of this state;

          (ii) Does not depend upon the consent of the owner of the property affected for its existence; and

          (iii) Is not a court-imposed equitable or constructive lien.

          (3) Nothing in this chapter is intended to affect:

          (a) Any lien provided for by statute;

          (b) Any consensual liens now or hereafter recognized under the common law of this state; or

          (c) The ability of courts to impose equitable or constructive liens.

NEW SECTION. Sec. 2.     Nonconsensual common law liens against real property shall not be recognized or enforceable.  Nonconsensual common law liens claimed against any personal property shall not be recognized or enforceable if, at any time the lien is claimed, the claimant fails to retain actual lawfully acquired possession or exclusive control of the property.

NEW SECTION. Sec. 3.     No person has a duty to accept for filing or recording any claim of lien unless the lien is authorized by statute or imposed by a court having jurisdiction over property affected by the lien, nor does any person have a duty to reject for filing or recording any claim of lien.

NEW SECTION. Sec. 4.     No person has a duty to disclose an instrument of record or file that attempts to give notice of a common law lien.  This section does not relieve any person of any duty which otherwise may exist to disclose a claim of lien authorized by statute or imposed by order of a court having jurisdiction over property affected by the lien.

NEW SECTION. Sec. 5.     A person is not liable for damages arising from a refusal to record or file or a failure to disclose any claim of a common law lien of record.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter to Title 60 RCW.