Section 35-27-03 - When lien attaches1. As against the legal and equitable owner , subject to section 35-27-02, such liens attach and take effect from the time the first item of material or labor is furnished upon the premises for the beginning of the improvement.2. A lien may not attach against a person that acquires an interest in real estate, in good-faith, without actual or constructive notice of the claimant's rights, before the actual and visible beginning of the improvement on the subject property. 3. Except as provided in section 35-27-04, all liens under this chapter are preferred to any unrecorded mortgage or other encumbrance unless the lienholder had actual notice of the unrecorded interest.Amended by S.L. 2023 , ch. 321( HB 1323 ), § 3, eff. 8/1/2023.