Chap. 282.—An ACT to amend and re-enact section 6436 of the Code of Me ary
3B 118
Approved March 15, 1924.

1. Be it enacted by the general assembly of Virginia, That section
sixty-four hundred and thirty-six of the Code of Virginia be amended
and re-enacted so as to read as follows:

Section 6436. Extent of lien where owner has less than a fee in
the land; in enforcement of liens, what preference is given to the
mechanic’s lien.—If the person who shall cause such building or struc-
ture to be erected or repaired owns less than a fee simple estate in such
land, then only his interest therein shall be subject to said liens. No
hen or encumbrance upon the land created before the work was com-
menced 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. And in 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 pro-
ceeds of sale shall be applied to the satisfaction of the hens 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 sub-
ject to any encumbrance against said land and building or structure
of record prior to the commencement of said improvements or repairs
or the furnishing of materials or supplies therefor.

Nothing contained in the foregoing proviso shall apply to hens that
may be filed for the construction or removal of any building or structure.