Request By:
Dora N. Henry
Estill County Clerk
Irvine, Kentucky 40336
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ross T. Carter, Assistant Attorney General
You have asked the proper format for a mechanics' lien release.
Mechanics' liens exist solely by statute and not by common law, and generally the provisions of the statutes must be closely followed. Powers v. Brewer, 238 Ky. 231 S.W.2d 466 (1931; Voss v. Home Loan and Building Association, 167 Ky. 231, 180 S.W. 368 (1915). While the statutes set forth the elements of a recorded lien in KRS 376.080, the statutes are silent regarding the requirements for filing an effective lien release. We perceive no reason why the requirements for releasing a lien should be any stricter than the requirements for the filing of the lien. Thus a lien release is sufficient if it contains the following information required on lien statements:
-- the amount due; -- any credits and set-offs; -- a description of the property; -- the name of the owner; -- whether the contract was with the owner or with a contractor; and -- the name and address of the claimant.
In addition, since the lien statement must be "subscribed and sworn to by the person claiming the lien or by someone on his behalf," (KRS 376.080(1)), the lien release should also meet this requirement.
KRS 376.080(2) requires the clerk to make an abstract of the lien statement, properly indexed, showing the essential information listed above. If the lien or the abstract may be readily located by reference to an index in the clerk's books, we believe that a valid lien release may simply cite the lien statement by proper reference. The release would still carry the requirement that it be notarized.