Mechanics Lien Deadlines in South Dakota
In South Dakota a mechanics lien claimant files a lien statement with the county register of deeds within one hundred twenty days after last furnishing labor or materials and must assert the lien to enforce it within six years after the last item of the claim.
South Dakota's mechanics lien law appears in Title 44, Chapter 9 of the South Dakota Codified Laws. It identifies who may claim a lien on improved property, when the lien attaches, the deadline for filing the lien statement with the register of deeds, and the deadline for asserting the lien to enforce it. The paragraphs below quote the controlling sections so a claimant can track the filing and enforcement deadlines and the events they run from.
Filing and enforcing a mechanics lien in South Dakota
At the request of an owner, an owner's authorized agent or representative, a contractor, or a subcontractor, a person who furnishes skill, labor, services, equipment, or materials for the improvement of property has a first lien on that property. 1
As against the owner, the lien attaches and takes effect from the time the first item of material or labor is furnished upon the premises by the lien claimant. 2
The lien ceases at the end of one hundred twenty days after doing the last of the work or furnishing the last item of skill, services, material, or machinery unless within that period a claim statement is filed with the register of deeds of the county where the improved premises are situated. 3
The lien statement must be made by or at the instance of the lien claimant and verified by the oath of a person shown to have knowledge of the facts stated. 4
No lien may be enforced unless the holder of the lien asserts it, either by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement. 5
Upon written demand by the owner, the owner's agent, or a contractor served on a person holding a lien, that person must commence suit to enforce the lien within thirty days after the service or the lien is forfeited. 6
An owner, by serving a written request within fifteen days after the completion of the contract, may require any person who may have a lien to furnish an itemized and verified account of the lien claim, its amount, and the claimant's name and address. 7
The lien does not extend to or affect any rights in a homestead so far as the homestead is exempt from levy and sale on execution. 8
Sources
At the request of an owner, an owner's authorized agent or representative, a contractor, or a subcontractor, a person who furnishes skill, labor, services, equipment, or materials for the improvement of property has a first lien on that property.
As against the owner, the lien attaches and takes effect from the time the first item of material or labor is furnished upon the premises by the lien claimant.
The lien ceases at the end of one hundred twenty days after doing the last of the work or furnishing the last item of skill, services, material, or machinery unless within that period a claim statement is filed with the register of deeds of the county where the improved premises are situated.
The lien statement must be made by or at the instance of the lien claimant and verified by the oath of a person shown to have knowledge of the facts stated.
No lien may be enforced unless the holder of the lien asserts it, either by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement.
Upon written demand by the owner, the owner's agent, or a contractor served on a person holding a lien, that person must commence suit to enforce the lien within thirty days after the service or the lien is forfeited.
An owner, by serving a written request within fifteen days after the completion of the contract, may require any person who may have a lien to furnish an itemized and verified account of the lien claim.
The lien does not extend to or affect any rights in a homestead so far as the homestead is exempt from levy and sale on execution.
Frequently asked questions
- Who may claim a mechanics lien in South Dakota?
- A person who, at the request of the owner, the owner's authorized agent or representative, a contractor, or a subcontractor, furnishes skill, labor, services, equipment, or materials for the improvement of property has a first lien on that property.
- How long do I have to file the lien statement?
- The lien ceases at the end of one hundred twenty days after doing the last of the work or furnishing the last item of skill, services, material, or machinery unless a claim statement is filed with the register of deeds of the county where the improved premises are situated within that period.
- How long do I have to enforce the lien?
- No lien may be enforced unless the holder of the lien asserts it, by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement.
- Can an owner force me to sue sooner?
- Yes. Upon written demand by the owner, the owner's agent, or a contractor served on a person holding a lien, that person must commence suit to enforce the lien within thirty days after the service or the lien is forfeited.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.