The lien provided for in this chapter arises on the date of the furnishing of the first item of material or services or the date of performance of the first labor for which a lien is claimed under the provisions of this chapter. Upon compliance with the provisions of Section 1203.58, such lien shall be preferred to all other titles, charges, liens or encumbrances which may attach to or upon any of the property upon which a lien is given by this chapter subsequent to the date the lien herein provided for arises.
§ 1203.56.Date Lien Arises; Preference
Title 4. Of the Enforcement of Liens · Chapter 2.5. Oil and Gas Liens · Enacted 1959 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1203.56 fixes the moment a lien under this chapter arises -- the date of the first labor performed or first material or services furnished -- and gives a properly recorded lien priority over any title, charge, lien, or encumbrance that attaches to the property afterward.
Full Text of § 1203.56
Plain-English Summary
Timing decides priority disputes, and this section sets the clock. The lien doesn't arise on the date it's recorded — it arises earlier, on the date the claimant first performed labor or first furnished material or services on the job.
That earlier date matters once the claimant records the verified statement of lien required by § 1203.58. Once recorded, the lien is preferred over any title, charge, lien, or encumbrance that attaches to the property after the date the lien arose — even though that recording happens later. In other words, the lien's priority reaches back to when the work began, not just to when the paperwork was filed.
Frequently Asked Questions
When does an oil and gas lien arise under this section?
On the date of the first labor performed, or the first material or services furnished, for which the lien is claimed -- not the later date the lien statement is recorded.
What does recording the lien statement accomplish if the lien already arose earlier?
Recording under § 1203.58 makes the lien preferred over titles, charges, liens, or encumbrances that attach to the property after the date the lien arose.
Amendment History
Added by Stats. 1959, Ch. 2020.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: when does oil and gas lien arise californiaoil and gas lien priority date