A lien ( or ) is a form of
security interest
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the ''collateral'') which enables the creditor to have recourse to the property if the debtor defaults in makin ...
granted over an item of
property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
to secure the payment of a
debt
Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...
or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the person who has the benefit of the lien is referred to as the ''lienor'' or ''lien holder''.
The
etymological
Etymology ()The New Oxford Dictionary of English (1998) – p. 633 "Etymology /ˌɛtɪˈmɒlədʒi/ the study of the class in words and the way their meanings have changed throughout time". is the study of the history of the form of words and ...
root is Anglo-French ''lien'', ''loyen'' "bond", "restraint", from Latin ''ligamen'', from ''ligare'' "to bind".
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the term lien generally refers to a wide range of
encumbrance
An encumbrance is a third party's right to, interest in, or legal liability on property that does not prohibit the property's owner from transferring title (but may diminish its value). Encumbrances can be classified in several ways. They may be f ...
s and would include other forms of
mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
or charge. In the US, a lien characteristically refers to ''
nonpossessory'' security interests (see generally: ).
In other
common-law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
countries, the term lien refers to a very specific type of security interest, being a passive right to retain (but not sell) property until the debt or other obligation is discharged. In contrast to the usage of the term in the US, in other countries it refers to a purely ''possessory'' form of security interest; indeed, when possession of the property is lost, the lien is released. However, common-law countries also recognize a slightly anomalous form of security interest called an "equitable lien" which arises in certain rare instances.
Despite their differences in terminology and application, there are some similarities between liens in the US and elsewhere in the common-law world.
United States
Liens can be consensual or non-consensual (also termed voluntary or involuntary in different states). Consensual liens are imposed by a contract between the
creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...
and the debtor:
*
Mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
*
Chattel mortgage
Chattel mortgage, sometimes abbreviated ''CM'', is the legal term for a type of loan contract used in some states with legal systems derived from English law.
Under a typical chattel mortgage, the purchaser borrows funds for the purchase of mov ...
Nonconsensual liens typically arise by
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
or by the
operation
Operation or Operations may refer to:
Arts, entertainment and media
* ''Operation'' (game), a battery-operated board game that challenges dexterity
* Operation (music), a term used in musical set theory
* ''Operations'' (magazine), Multi-Ma ...
of the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. Those laws give a creditor the right to impose a lien on an item of
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
or a
chattel by the existence of the relationship of creditor and debtor. Those liens include
*
tax lien
A tax lien is a lien which is imposed upon a property by law in order to secure the payment of taxes. A tax lien may be imposed for the purpose of collecting delinquent taxes which are owed on real property or personal property, or it may be im ...
s, imposed to secure payment of a
tax
A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity) by a governmental organization in order to fund government spending and various public expenditures (regional, local, or n ...
;
*"weed liens" and "demolition liens", assessed by the government to rectify a property from being a nuisance and public hazard;
*
homeowner association
A homeowner association (or homeowners' association, abbreviated HOA, sometimes referred to as a property owners' association or POA), or a homeowner community, is a private association-like entity often formed either ''ipso jure'' in a building ...
(HOA) liens for unpaid assessments, fines, late charges, interest, costs, and attorney fees;
*
attorney's liens, against funds and documents to secure payment of fees;
*
mechanic's lien
A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm of real property, ...
s, which secure payment for work done on
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
or land;
*judgment liens, imposed to secure payment of a
judgment
Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to decision-making, make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct u ...
; and
*maritime liens, imposed on
ship
A ship is a large watercraft that travels the world's oceans and other sufficiently deep waterways, carrying cargo or passengers, or in support of specialized missions, such as defense, research, and fishing. Ships are generally distinguished ...
s by
admiralty law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priva ...
.
Liens are also "perfected" or "unperfected" (see
Perfection (law) In law, perfection relates to the additional steps required to be taken in relation to a security interest in order to make it effective against third parties or to retain its effectiveness in the event of default by the grantor of the security inte ...
). Perfected liens are those liens for which a creditor has established a priority right in the encumbered property with respect to third party creditors. Perfection is generally accomplished by taking steps required by law to give third party creditors notice of the lien. The fact that an item of property is in the hands of the creditor usually constitutes perfection. Where the property remains in the hands of the debtor, some further step must be taken, like recording a notice of the security interest with the appropriate office.
Perfecting a lien is an important part of the task of protecting the secured creditor's interest in the property. A perfected lien is valid against bona fide purchasers of property, and even against a
trustee
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility to t ...
in
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
; an unperfected lien may not be.
Equitable lien (U.S.)
In the United States, references to an "equitable lien" is a right, enforceable only in
equity
Equity may refer to:
Finance, accounting and ownership
* Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the dif ...
, to have a demand satisfied out of a particular fund or specific property without having possession of the fund or property. An equitable lien is actually a
legal remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its ...
, rather than a security interest created in contemplation of or in support of a transaction. In U.S. law, such liens characteristically arise in four circumstances:
# when an occupant of land, believing in good faith to be the owner of the land, makes improvements, repairs or other expenditure that permanently increases the land's value;
# when one of two or more joint owners makes expenditures of the kind described above;
# when a
tenant for life
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate (law), estate in real property that ends at death when ownership of the p ...
completes permanent and beneficial improvements to the estate begun earlier by the
testator
A testator () is a person who has written and executed a Will (law), last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2 ...
; and
# when land or other property is transferred subject to the payment of debts, legacies, portions or
annuities
In investment, an annuity is a series of payments made at equal intervals.Kellison, Stephen G. (1970). ''The Theory of Interest''. Homewood, Illinois: Richard D. Irwin, Inc. p. 45 Examples of annuities are regular deposits to a savings account, m ...
to third persons.
Mover's lien
Movers are typically entitled to a mover's lien under
UCC The initialism UCC may stand for:
Law
* Uniform civil code of India, referring to proposed Civil code in the legal system of India, which would apply equally to all irrespective of their religion
* Uniform Commercial Code, a 1952 uniform act to ...
§ 7-307/308, to withhold a customer's
goods
In economics, goods are items that satisfy human wants
and provide utility, for example, to a consumer making a purchase of a satisfying product. A common distinction is made between goods which are transferable, and services, which are not tran ...
to secure payment. This is a possessory lien, and is the non-consensual type of lien (because it exists automatically under a statute instead of being affirmatively agreed upon). However, the concept of a mover's lien is often abused in a
moving scam
A moving scam is a scam by a moving company in which the company provides an estimate, loads the goods, then states a much higher price to deliver the goods, effectively holding the goods as lien.
History
The moving business in the United States ...
known as a hostage load, whereby the moving company will
extort
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, al ...
money not owed by the customer by refusing to deliver the goods unless the customer pays money inflated beyond the contractual
estimate
Estimation (or estimating) is the process of finding an estimate or approximation, which is a value that is usable for some purpose even if input data may be incomplete, uncertain, or unstable. The value is nonetheless usable because it is der ...
. Because the customer has an interest in obtaining their own goods, they are under duress to pay the ransom. Hostage loads in at least the interstate context are illegal under
49 U.S.C. 13905. The
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) is an agency in the United States Department of Transportation that regulates the trucking industry in the United States. The primary mission of the FMCSA is to reduce crashes, injuries and f ...
(FMCSA) regulates the moving industry and sometimes takes enforcement action by fining and/or delicensure of offending moving companies. Moving companies that deliberately engage in hostage-loading may also be considered to be engaging in
racketeering
Racketeering is a type of organized crime in which the perpetrators set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit.
Originally and of ...
in violation of the
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
RICO was en ...
.
Disputes between legitimate lienholding of chattels vs. hostage-loading can sometimes be averted by the customer including an advanced (before-the-fact) consensual waiver of the mover's right to a lien in the written contract, obligating the moving company to deliver the goods with reasonable dispatch regardless of disputes over payment, and failure to do so would constitute
conversion
Conversion or convert may refer to:
Arts, entertainment, and media
* "Conversion" (''Doctor Who'' audio), an episode of the audio drama ''Cyberman''
* "Conversion" (''Stargate Atlantis''), an episode of the television series
* "The Conversion" ...
or
trespass to chattels
Trespass to chattels is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference can be any physical cont ...
.
Other common-law countries
Outside of the US, a common-law lien may be defined in general terms as a passive right to retain a chattel (and, in certain cases, documentary intangibles and papers) conferred by law. Modern law has generally left the legal lien to cases where it has been historically established without any real effort being made to make it applicable to modern conditions. In ''Tappenden v Artus''
9642 QB 185,
Diplock LJ referred to a lien as a "self help" remedy, like "other primitive remedies such as abatement of nuisance, self-defence or ejection of trespassers to land". Equitable liens are an unusual species of property right, usually considered ''
sui generis
''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique".
A number of disciplines use the term to refer to unique entities. These include:
* Biology, for species that do not fit in ...
''.
Common-law lien
Common-law liens are divided into ''special liens'' and ''general liens''. A special lien, the more common kind, requires a close connection between the property and the service rendered. A special lien can only be exercised in respect of fees relating to the instant transaction; the lienor cannot use the property held as security for past debts as well. A general lien affects all of the property of the lienee in the possession of the lienor, and stands as security for all of the debts of the lienee to the lienor. A special lien can be extended to a general lien by contract, and this is commonly done in the case of carriers. A common-law lien only gives a passive right to retain; there is no power of sale which arises at common law, although some statutes have also conferred an additional power of sale, and it is possible to confer a separate power of sale by contract.
The common-law liens are closely aligned to the so-called "common callings", but are not co-extensive with them.
A common-law lien is a very limited type of security interest. Apart from the fact that it only amounts to a passive right to retain, a lien cannot be transferred; it cannot be asserted by a third party to whom possession of the goods is given to perform the same services that the original party should have performed; and if the chattel is surrendered to the lienor, the lien entitlement is lost forever (except for where the parties agree that the lien shall survive a temporary re-possession by the lienor). A lienee who sells the chattel unlawfully may be liable in conversion as well as surrendering the lien.
Equitable lien
In common-law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a nonpossessory security right conferred by operation of law, which is similar in effect to an
equitable charge
In finance, a security interest is a legal right granted by a debtor to a creditor over the debtor's property (usually referred to as the ''collateral'') which enables the creditor to have recourse to the property if the debtor defaults in makin ...
. It differs from a charge in that it is non-consensual. It is conferred only in very limited circumstances, the most common (and least ambiguous) of which is in relation to the sale of land; an unpaid vendor has an equitable lien over the land for the purchase price, notwithstanding that the purchaser has gone into occupation of the property. It is seen as a counterweight to the equitable rule which confers a beneficial interest in the land on the purchaser once contracts are exchanged for purchase.
It is a matter of conjecture how far equitable liens extend outside of the unpaid vendor's lien. Equitable liens have been held to exist in a number of cases involving
choses in action Chose (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of rights. A chose describes the enforcement right which a party possesses in an object. The use of ''chos ...
, but not yet in relation to chattels. The Australian courts have been the most receptive towards equitable liens in relation to personal property (see ''Hewett v Court'' (1983) 57 ALJR 211), but a review of the cases still leaves a lack of clarity in relation to the principles upon which an equitable lien will be imposed.
* In ''Re Stucley''
906
__NOTOC__
Year 906 ( CMVI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* February 27 – Battle of Fritzlar: The Conradines defeat the Babenberg co ...
1 Ch 67, a vendor of a reversionary interest in a trust fund, who sold the interest to the trustee, was held to have an equitable lien in the subject matter, although it was clearly personalty and not realty.
* In ''Barker v Cox'' (1876) 4 Ch D 464, the purchaser of property which was included in a matrimonial settlement paid the price in advance to one of the trustees, and the purchaser was held to have an equitable lien in investments which the trustees subsequently acquired with the purchase price.
* In ''Langen and Wing v Bell''
972
Year 972 ( CMLXXII) was a leap year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring – Emperor John I Tzimiskes divides the Bulgarian territories, recent ...
Ch 685, a
director's service agreement required him to assign his shares in the
company
A company, abbreviated as co., is a Legal personality, legal entity representing an association of people, whether Natural person, natural, Legal person, legal or a mixture of both, with a specific objective. Company members share a common p ...
if he was terminated, and he was to receive a price calculated at a later date when the annual accounts were available; he was held to have an equitable lien over the transferred shares to secure the payment of the eventual purchase price.
* In ''
Lord Napier and Ettrick v Hunter
''Lord Napier and Ettrick v Hunter'' 993AC 713 was a judicial decision of House of Lords relating to the right of subrogation (and in particular, the quantification of that right) where an insurer pays with respect to an insured risk and the ...
''
993
Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...
2 WLR 42, it was held that an indemnity insurer's
subrogation rights in relation to funds improperly paid directly to the insured were subject to an equitable lien.
But overall, there is still perceived to be a lack of central nexus.
Statutory liens and contractual liens
Although arguably not liens as such, two other forms of encumbrance are sometimes referred to as liens.
Statutory liens
Certain statutes provide for a passive right to retain property against its owner as security for obligations. For example, section 88 of the
Civil Aviation Act 1982
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
of the United Kingdom permits an airport to detain aircraft for unpaid airport charges and aviation fuel. Although this right has been treated as a lien under UK insolvency law,
[''Bristol Airport v Powdrill'' 990Ch 744] it has been argued that such statutory rights are not in fact liens, but rights analogous to liens,
[Michael Bridge, ''Personal Property Law'' (2nd ed.)] although an argument may be made that this is a distinction without a difference.
Contractual liens
It has also been argued that an agreement by contract that one party may retain the goods of another party until paid is not a lien,
as under the common law, liens could only be non-consensual. However, it appears that under insolvency law, such rights will be treated as liens even if they are not expressed to be liens.
Maritime liens
A maritime lien is a lien on a vessel, given to secure the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use. Maritime liens are sometimes referred to as ''tacit hypothecation''. Maritime liens have little in common with other liens under the laws of most jurisdictions.
The maritime lien has been described as "one of the most striking peculiarities of
Admiralty law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priva ...
".
[Griffith Price, ''The Law of Maritime Liens'' (1940)] A maritime lien constitutes a security interest upon ships of a nature otherwise unknown to the common law or equity. It arises purely by
operation of law
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies wi ...
and exists as a claim upon the property concerned, both secret and invisible, often given priority by statute over other forms of registered security interest. Although characteristics vary under the laws of different countries, it can be described as:
# a privileged claim,
# upon maritime property,
# for service to it or damage done by it,
# accruing from the moment that the claim attaches,
# travelling with the property unconditionally,
# enforced by an action ''
in rem
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdi ...
''.
Nomenclature
Throughout the world, there are a large number of different types and sub-divisions of liens. Not all of the following liens exist in all legal systems that recognise the concept of a lien. The following are descriptions that are not necessarily mutually exclusive. Types of lien include
* ''accountant's lien''—the right of an
accountant
An accountant is a practitioner of accounting or accountancy.
Accountants who have demonstrated competency through their professional associations' certification exams are certified to use titles such as Chartered Accountant, Chartered Certifi ...
to retain a client's papers until the accountant's fees have been paid.
* ''agent's lien''
* ''agister's lien''—the lien of an
agister
Agistment originally referred specifically to the proceeds of pasturage in the royal forest, king's forests. To agist is, in English law, to take cattle to Grazing, graze, in exchange for payment (derived from the Old English ''giste'', ''gite'', ...
over animals in the agister's care as security for fees.
* ''agricultural lien'' (United States)—a statutory lien that protects the seller of farming equipment by giving the seller a lien on crops grown with the equipment.
* ''architect's lien''—the right of an
architect
An architect is a person who plans, designs and oversees the construction of buildings. To practice architecture means to provide services in connection with the design of buildings and the space within the site surrounding the buildings that h ...
to retain a client's papers until the architect's fees have been paid.
* ''attachment lien''—a lien on property seized by
pre-judgment attachment Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are ...
.
* ''attorney's lien''—the right of an
attorney to retain a client's papers until the attorney's fees have been paid (also referred to as a ''charging lien'', ''solicitor's lien'' or a ''retaining lien'' in some jurisdictions).
* ''
banker's lien A banker's lien is a legal right arise in many common law jurisdictions of a bank to exercise a lien over any property in the custody of the bank as security. Lien is of two types:
# Particular lien
# General lien
Particular lien confers to reta ...
''—the right of a
bank
A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets.
Because ...
to satisfy a customer's matured debt by seizing the customer's money or property within the bank's possession.
* ''blanket lien''—a lien that gives the lienor the entitlement to take possession of any or all of the lienee's real property to cover a delinquent loan.
* ''carrier's lien''—a carrier's right to retain possession of
cargo
Cargo consists of bulk goods conveyed by water, air, or land. In economics, freight is cargo that is transported at a freight rate for commercial gain. ''Cargo'' was originally a shipload but now covers all types of freight, including trans ...
until the owner of the cargo pays shipping costs.
* ''choate lien'' (United States)—a lien in which the lienee, the property, and the monetary amount are established so that the lien is
perfected and nothing else needs to be done to make the lien
enforceable
An unenforceable contract or transaction is one that is valid but one the court will not enforce. Unenforceable is usually used in contradiction to void (or ''void ab initio'') and voidable. If the parties perform the agreement, it will be valid, ...
.
* ''common-law lien''—a lien arising under the common law, rather than by
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
,
equity
Equity may refer to:
Finance, accounting and ownership
* Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the dif ...
or agreement between the parties.
* ''concurrent lien''—means one of two or more liens over the same property.
* ''consummate lien'' (United States)—a judgment lien arising after the denial of motion for a new trial.
* ''conventional lien'' (United States)—a lien that is created by agreement between the parties, in circumstances where the law would not otherwise create a lien.
* ''deferred lien'' (United States)—a lien that only takes effect from a future date.
* ''demurrage lien''—a carrier's lien on goods for any unpaid
demurrage
The term "demurrage" from Old French ''demeurage'', from ''demeurer'' – to linger, tarry – originated in vessel chartering and referred to the period when the charterer remained in possession of the vessel after the period normally allowed ...
charges.
* ''dragnet lien'' (United States)—a lien that is enlarged to cover any additional credit extended to the debtor to the same creditor.
* ''environmental lien''—a charge, security, or encumbrance on a property's title to secure payment of cost or debt arising from response actions, cleanup, or other remediation of hazardous substances or petroleum products.
* ''equitable lien''—a lien that is enlarged to cover any additional credit extended to the debtor to the same creditor.
* ''execution lien''—a lien on property seized by levy of execution.
* ''factor's lien''—a lien, usually statutory, on property held on consignment by a
factor
Factor, a Latin word meaning "who/which acts", may refer to:
Commerce
* Factor (agent), a person who acts for, notably a mercantile and colonial agent
* Factor (Scotland), a person or firm managing a Scottish estate
* Factors of production, suc ...
.
* ''first lien''—a lien that takes priority over all other encumbrances over the same property.
* ''floating lien'' (United States)—a lien that is expanded to cover any additional property that is acquired by the lienee while the debt is outstanding (in common-law countries, see
Floating charge
A floating charge is a security interest over a fund of changing assets of a company or other legal person. Unlike a fixed charge, which is created over ascertained and definite property, a floating charge is created over property of an ambulator ...
).
* ''garnishment lien''—a lien on the debtor's property held by a
garnishee
Garnishment is a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant. Garnishment allows the plaintiff (the "garnishor") to take the money or property of the debtor from the person or institution that holds t ...
.
* ''general lien''—a possessory lien by which the lien holder may retain any of the debtor's goods in the lien holder's possession until any debt due from the debtor, whether in connection with the retained goods or otherwise, has been paid. Factors, insurance brokers, packers, stockbrokers and banker's liens are all usually general liens.
* ''healthcare lien'' (United States)—a statutory lien asserted by an
HMO
In the United States, a health maintenance organization (HMO) is a medical insurance group that provides health services for a fixed annual fee. It is an organization that provides or arranges managed care for health insurance, self-funded heal ...
, insurer, medical group or independent practice association against those liable to the, also its patient in damages, to recover money paid or claim money payable for healthcare services provided (sometimes called a ''healthcare lien'').
* ''hospital lien'' (United States)—a statutory lien asserted by a
hospital
A hospital is a health care institution providing patient treatment with specialized health science and auxiliary healthcare staff and medical equipment. The best-known type of hospital is the general hospital, which typically has an emerge ...
to recover the costs of emergency and other ongoing medical and other services.
* ''hotelkeeper's lien''—a possessory or statutory lien allowing an innkeeper to hold, as security for payment, personal property that a guest has brought into the
hotel
A hotel is an establishment that provides paid lodging on a short-term basis. Facilities provided inside a hotel room may range from a modest-quality mattress in a small room to large suites with bigger, higher-quality beds, a dresser, a ref ...
(also referred to as an ''innkeeper's lien'').
* ''
inchoate lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the pers ...
''—a lien that may be defeated if the relevant judgment is vacated or a motion for a new trial is granted.
* ''involuntary lien''—a lien arising without the lienee's consent.
* ''judgment lien''—a lien imposed on a judgment debtor's non-exempt property.
* ''judicial lien''—a lien obtained by judgment, levy, sequestration or other legal or equitable process or proceeding.
* ''junior lien''—a lien that is junior or subordinate to another lien on the same property.
* ''landlord's lien''—a lien which empowered a landlord to seize a tenant's property and sell it to satisfy overdue rent.
* ''manufacturer's lien''—a statutory lien that secures payment for labour or materials expended in producing goods for another.
* ''
maritime lien
The maritime lien is one of three ''in rem'' claims capable of being brought under UK Admiralty Law. Whilst being a common law instrument, it has been codified under s.21(3) of the Senior Courts Act 1981 along with s.21(2) and s.21(4), its statut ...
''—see above.
* ''
mechanic's lien
A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm of real property, ...
''—also sometimes referred to as an ''artisan's lien'', ''chattel lien'', ''construction lien'', ''labourer's lien'', in various jurisdictions.
* ''mineral lien''—a lien on working interest that secures payment for labor or materials expended by oilfield service companies.
* ''mortgage lien''—a lien on the mortgagor's property securing the
mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
.
* ''municipal lien'' (United States)—a lien by a
municipal corporation
A municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally owne ...
against a property owner for the owner's proportional share of a public improvement that specifically and individually benefits the owner.
* ''possessory lien''—a lien allowing the creditor to keep possession of the encumbered property until the debt is satisfied.
* ''second lien''—a lien that is next in rank after a first lien on the same property.
* ''secret lien''—a lien not appearing of record and unknown to the purchasers; a lien reserved by the vendor and kept hidden from third parties to secure the payment of goods after delivery.
* ''
solicitor's lien''—the right of a
solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
to recover his
costs
In production, research, retail, and accounting, a cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one of acquisition, in which ...
from a client. It is broader than a conventional lien.
* ''special lien''—a possessory lien by which the possessor of goods has the right to retain specific goods until a debt incurrent in connection with the goods has been paid (also referred to as a ''particular lien''). The opposite of a ''general lien''.
* ''statutory lien''—a lien arising solely by force of statute.
* ''
tax lien
A tax lien is a lien which is imposed upon a property by law in order to secure the payment of taxes. A tax lien may be imposed for the purpose of collecting delinquent taxes which are owed on real property or personal property, or it may be im ...
''—a lien on property and all rights to property imposed by the taxing authority for unpaid taxes.
* ''vendee's lien''—a buyer's lien on the purchased land as security for repayment of purchase money paid in, enforceable if the seller cannot or does not convey good title.
* ''vendor's lien''—a seller's lien on land as security for the purchase price (sometimes called an ''unpaid vendor's lien'').
* ''voluntary lien''—a lien created with the lienee's consent.
* ''warehouser's lien''—a lien for storage charges for goods stored with a
bailee
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the ind ...
(sometimes called a ''warehouseman's lien'').
* ''workers' compensation lien''—a statutory lien, asserted by a healthcare provider, to recover the cost of emergency and ongoing medical work, usually asserted against any workers'-compensation benefits paid to a patient.
See also
*
Bottomry A bottomry, or bottomage, is an arrangement in which the master of a ship borrows money upon the ''bottom'' or keel of it, so as to forfeit the ship itself to the creditor, if the money with interest is not paid at the time appointed at the ship's s ...
*
Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue ...
*
False lien
*
Mechanic's lien
A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. The lien exists for both real property and personal property. In the realm of real property, ...
*
Mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
*
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Etymology
The word "replevi ...
*
Repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without in ...
*
Security interest—lien
*
Tax lien
A tax lien is a lien which is imposed upon a property by law in order to secure the payment of taxes. A tax lien may be imposed for the purpose of collecting delinquent taxes which are owed on real property or personal property, or it may be im ...
*
Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even ...
Notes
References
{{Authority control
Property law
Common law legal terminology
Business law
Property law legal terminology