In the case sub judice, the 12-month statutory period is not merely a procedural statute of limitation intended to protect persons interested in dealing with the property, it is a condition precedent to the creation of a substantive right, i.e., the creation of the lien. Lee v.Stokes, 135 Ga. App. 642, 645 ( 218 S.E.2d 654). As such, "`"the commencement of the action within the [statutory 12-month period] is an indispensable condition of the liability and of the action which it permits." 34 AmJur 16, par. 7 ...' Gulden v. Berman, Ga. App. 580, 581-582 (61 S.E.2d 692)."
The requirement of filing within twelve months is more than a statute of limitation. In a case dealing with this time requirement, Lee v. Stokes, 135 Ga. App. 642, 644 ( 218 S.E.2d 654) (1975), this Court held, quoting from Gulden v. Berman, 82 Ga. App. 580, 581 ( 61 S.E.2d 692) (1950): "A statute which in itself creates a new liability, gives an action to enforce it unknown to the common law, and fixes the time within which that action may be commenced, is not a statute of limitation. It is a statute of creation, and the commencement of the action within the time it fixes is an indispensable condition of the liability and of the action which it permits.