Rhode Island § 34-28-25 - Mechanics’ Liens
Full text of Rhode Island Rhode Island General Laws § 34-28-25 — Mechanics’ Liens, with citation guidance and answers to common questions.
§ 34-28-25. Mechanics’ Liens
R.I. Gen. Laws § 34-28-25
§ 34-28-25. Priority of liens.
(a) The priority of liens under §§ 34-28-1, 34-28-2, 34-28-3 and 34-28-7 shall be as follows:
(1) Except as provided in subdivision (a)(3), as between persons having valid liens under this chapter, all of the lien holders shall share pro rata in the distribution of funds received by deposit under § 34-28-17 or of the proceeds of any sale under § 34-28-21, based on the amount of their claim plus their additional expenses of filing and advertising, if any.
(2) Except as provided in subdivision (1), the priority of persons mailing and filing notices of intention under § 34-28-4 shall date from the date of the filing; the lien of the persons shall be senior to any subsequently recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7), and the lien of such persons shall be junior to any prior recorded title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7). Any person having an existing lien under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 subject to any prior recorded mortgage, attachment, or other lien or encumbrance may pay off the prior mortgage, attachment, or other lien or encumbrance and shall be subrogated to all of the rights of the holder of the prior mortgage, attachment, or other lien or encumbrance.
(3) In the event that there shall be recorded any title, claim, lease, mortgage, attachment, or other lien or encumbrance (other than under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7) junior to any liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 in accordance with subdivision (2) and senior to other liens, then the liens under § 34-28-1, 34-28-2, 34-28-3 or 34-28-7 senior to the title, claim, lease, mortgage, attachment, or other lien or encumbrance shall be separated from the liens junior to the lien or encumbrance, and the senior liens shall be senior to the title, claim, lease, mortgage, attachment, or other lien or encumbrance, and the junior liens shall be junior thereto.
(b) Priority between persons whose claims are not specifically provided for in this section shall be determined by the court or master in accordance with equity and good conscience.
History of Section.
P.L. 1965, ch. 235, § 1; P.L. 1991, ch. 328, § 1.
Source: official Rhode Island text · Last verified 2026-08-27
Frequently Asked Questions About Rhode Island § 34-28-25
What does Rhode Island General Laws § 34-28-25 cover?
Section 34-28-25 ("Mechanics’ Liens") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 34-28-25?
A common citation format is "Rhode Island General Laws § 34-28-25" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 34-28-25 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.