In October 1981, Robert E. Hinkle leased to Raymond Arington the Dixie Plaza in Upshur County, West Virginia. The lease agreement contained the following clause: Any improvements made to the leased premises shall, upon termination of this lease or the termination of any extension thereof, become the property of the lessor. Arington hired Dunlap and others to do electrical and carpentry work to a
building located on the premises. Arington went out of business shortly thereafter, owing Dunlap money for wages and materials. On March 3, 1982, Dunlap filed a mechanic's lien against the property. That same day he filed a suit to enforce the lien against Arington and Hinkle. Can Arington and Hinkle be subject to a mechanic's lien and its foreclosure?
A) No, Hinkle cannot be subject to a mechanic's lien unless he was involved with or agreed to the improvements.
B) Yes, Hinkle can be subject to a mechanic's lien because the provision in the lease finds him benefiting from them.
C) Yes, Hinkle can be subject to the mechanic's lien if he did nothing to stop the work of Dunlap.
D) No, Hinkle cannot be subject to a mechanic's lien unless he signed a contract with Dunlap.
A
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