The taking of any note or any additional security by any person given a lien by this chapter shall not constitute a waiver of the lien given by this chapter unless made a waiver by express agreement of the parties in writing. The claiming of a lien under this chapter shall not constitute a waiver of any other right or security held by the claimant unless made a waiver by express agreement of the parties in writing.
§ 1203.63.Waiver of Lien
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 1203.63 provides that taking a note or additional security doesn't waive an oil and gas lien, and that claiming the lien doesn't waive any other right or security, unless the parties expressly agree in writing to a waiver.
Full Text of § 1203.63
Plain-English Summary
Lien claimants sometimes accept a promissory note or other collateral while a debt is outstanding, and worry that doing so might accidentally give up the lien. This section removes that worry: taking a note or any additional security doesn't waive the lien this chapter provides, unless the parties expressly agree in writing that it does.
The reverse is protected too. Claiming a lien under this chapter doesn't waive any other right or security the claimant holds, again unless the parties put an express written waiver in place. Either way, waiver has to be a deliberate written choice, not an accidental byproduct of taking normal precautions.
Frequently Asked Questions
If I take a promissory note from the debtor, do I lose my oil and gas lien?
No, not unless you and the debtor expressly agree in writing that taking the note waives the lien.
Does filing a lien under this chapter waive my other rights or security interests?
No, unless there's an express written agreement making it a waiver.
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: waiver of oil and gas lien california