Okla. Stat. tit. 12A, § 2A-306 Priority of Certain Liens Arising By Operation of Law

• Library: Oklahoma Statutes
• Edition: 2023
• Currency: Current through Laws 2023EX1, c. 52.
• Year: 2023
• Citation: Okla. Stat. tit. 12A, § 2A-306

If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.

Cite as Okla. Stat. tit. 12A, § 2A-306

History: Added by Laws 1988, HB 1683, c. 86, § 36, eff. November 1, 1988.

Note:

Oklahoma Code Comment

Title 42 Oklahoma Statutes § 91 in pertinent part states that every person who, while lawfully in possession of an article of personal property, renders any service to the owner by furnishing material, labor or skill for the protection, improvements safekeeping, towing, storage or carriage of the property has a special lien dependent on possession for the compensation due from the owner for the service. The result of sections 91 and 2A-306 read together is that a ...

Title 42 Oklahoma Statutes §§ 92, 97 and 131, to the extent they are applicable (they are not necessarily dependent on possession), should be construed consistently. Compare Pirtle v. Brown, 284 P. 898 (Okla.1930) and see Holland v. Whiteside, 43 P. 2d 57 (0kla.1935). See also Oklahoma Comment to § 2A-307.