Which California Civil Code section specifically addresses the priority of mechanics liens relative to other encumbrances?
Correct Answer
A) Civil Code Section 8450
Civil Code Section 8450 establishes the priority of mechanics liens, generally giving them priority from the time of commencement of the work of improvement.
Why This Is the Correct Answer
Civil Code Section 8450 is correct. This section establishes that a mechanics lien attaches and has priority from the time of commencement of the work of improvement, giving it 'relation back' priority over deeds of trust and other encumbrances recorded after the project began. This is a foundational lien-priority rule in California construction law.
Why the Other Options Are Wrong
Option B: Civil Code Section 8458
Civil Code Section 8458 is incorrect. Section 8458 deals with the priority of a mechanics lien relative to a construction lender's deed of trust — a narrower, specific sub-topic. It is not the primary section addressing general lien priority among all encumbrances.
Option C: Civil Code Section 8400
Civil Code Section 8400 is incorrect. Section 8400 addresses the right to claim a mechanics lien (who may assert one) rather than the priority rules. Confusing the right to lien with the priority of a lien is a common error.
Option D: Civil Code Section 8460
Civil Code Section 8460 is incorrect. Section 8460 pertains to the enforcement and foreclosure procedures for mechanics liens, not to their priority relative to other encumbrances recorded on the property.
Memory Technique
Use the mnemonic 'Priority is in the Middle': 8400 (right), 8450 (priority — middle of the range), 8460 (enforcement). Or remember '8450 = FIRST in line' — the number 45 sounds like 'for five,' and five fingers represent the hand that grabs priority first.
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