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Abstract

In several recent decisions the Virginia Supreme Court and the Federal District Court for the Eastern District of Virginia have ruled on the validity of blanket or joint mechanic's liens. The blanket lien, as may be inferred from its name, is used to encumber more than one property unit in a single action. Its benefit is sought when an artisan or material supplier has improved two or more units in one transaction, and there has been a failure of remuneration. The mechanic's lien gives the artisan a preferred status among creditors, and therefore its immunity to attack is of critical importance. The validity of blanket liens has been questioned in several recent decisions where a partial release of the attached property adversely affected the interests of parties other than the mechanic and his debtor, and where a single lien is sought for benefits bestowed under separate contracts. This comment will focus upon the application of the blanket lien with respect to multi-unit development in Virginia, considering both the typical subdivided property and its newer cousin, the condominium.

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