If the person for whom the work is done or materials are furnished has an estate for life or any other estate less than a fee simple in the land or if the property, at the time of recording the statement, is mortgaged or under any other encumbrance, the lien before provided for shall bind his whole estate and interest therein in like manner as a mortgage would have done and the creditor may cause the right of redemption or whatever other right or estate the owner had in the property to be sold and applied to the discharge of his debt, according to the provisions of this chapter.
S.C. Code Ann. § 29-5-30
Lien against debtor with life estate or whose estate is less than fee simple
Applied in 2 court decisions — leading case Stoudenmire Heating & Air Conditioning Co. v. Craig Building Partnership (1992)
Most recently applied in Ferguson Fire & Fabrication, Inc. v. Preferred Fire Protection, L.L.C. (August 2014)
1962 Code SECTION 45-253; 1952 Code SECTION 45-253; 1942 Code SECTION 8762; 1932 Code SECTION 8762; Civ
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.