Lien in United States
Lien Definition
A French word which originally signified a string, tie, or band, and in the metaphorical sense in which the law now uses it, it signifies the hold or claim which one person has upon the property of another as security for the satisfaction of a debt, duty or demand, by which he may, if in possession of the property, detain it until the same is satisfied. 2 South. (N. J.) 441. Actual possession by the lien claimant being essential. 62 Barb. (N. Y.) 323; 26 Wend. (N. Y.) 467. The term may be defined as a charge imposed on specific property, real or personal, by which it is made security for the performance of an act. 4 Cliff. (U. S.) 225. In every case in which property, either real or personal, is charged with the payment of a debt or duty, every such charge may be denominated a lien on the property. It differs from an estate in or title to the property, as it may be discharged at any time by payment of the sum for which the lien attaches. It differs from a mortgage in the fact that a mortgage is made and the property delivered, or otherwise, for the express purpose of security; while the lien attaches as incidental to the main purpose of the bailment, or, as in case of a judgment, by mere act of the law, without any act of the party. In this general sense, the word is commonly used by English and American law writers to include those preferred or privileged claims given by statute or by admiralty law, and which seem to have been adopted from the civil law, as well as the security existing at common law, to which the term more exactly applies. Liens are divided, in rei eot to their origin and nature, into common law, civil law, equitable, maritime, and statutory.
(1) Common-law liens. As distinguished from the other classes, they consist in a mere right to retain possession until the debt OF charge is paid. In the case of a factor, an apparent exception exists, as he is allowed a lien on the proceeds of goods sold, as well as on the goods themselves. But this seems to result from the relation of the parties, and the purposes of the bailment; to effectuate which, and at the same time give a security to the factor, the law considers the possession, or right to possession, of the proceeds, the same thing as the possession of the goods themselves. A particular lien is a right to retain the property of another on account of labor employed or money expended on that specific property. Whit. Liens, 9. A general lien is a right to retain the property of another on account of a general balance due from the owner. 3 Bos. & P. 494.
(2) Civil-law liens. The civil law embraces, under the head of mortgages and privilege, the peculiar securities which, in the common and maritime law, and equity, are termed liens. In regard to privilege, Domat says: We do not reckon in the number of privileges the preference which the creditor has on the movables that have been given him in a pawn, and which are in his custody. The privilege of a creditor is the distinguishing right which the nature of his credit gives him, and which makes him to be preferred before other creditors, even those who are prior in time, and who have mortgages. Domat. Civ. Law, pt. 1, lib. iii. tit. i. 8 v. These privileges are of two kinds: One gives a preference on all the goods, vrtthout any particular assignment on any one thing; the other gives to the creditors their security on certain things, and not on the other goods.
(3) Equitable liens. Such as exist in equity, and of which courts of fequity alone take cognizance. A lien is neither a jus in re nor a jus ad rem. It is not property in the thing, nor does it constitute a right of action for the thing. It more properly constitutes a charge upon the thing. In regard to these liens, it may be generally stated that they arise ftom constructive trusts. They are, therefore, wholly independent of the possession of the thing to which they are attached as an incumbrance, and they can be enforced only in courts of equity. Story, Eq. Jur. § 1217. An equitable lien on a sale of realty is very different from a lien at law, for it operates after the possession has been changed, and is available by way of charge instead of detainer. Adams, Eq. Jur. 127.
(4) Maritime liens. Maritime liens do not Include or require possession. The word lien is used in maritime law, not in the strict legal sense in which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive; but to express, as if by analogy, the nature of claims which neither presuppose nor originate in possession. 22 Eng. Law & Eq. 62. See 15 Bost. Law Rep. 555; 16 Best. Law Rep. 1, 264; 17 Bost. Law Rep. 93, 421. A distinction is made in the United States between qualified maritime liens, which depend upon possession, and absolute maritime liens, which do not require nor depend upon possession. 7 How. (U. S.) 729.
(6) Statutory liens. Under this head it is convenient to consider some of those liens which subsist at common law, but have been extensively modified by statutory regulations, as well as those which subsist entirely by force of statutory regulations. The principal liens of this class are judgment liens, and liens of materialmen and builders. Liens, whether common-law, equitable, or statutory, are either conventional, i. e., by express agreement of the parties, or by operation of law, by legal implication from the acts of parties,
Lien in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Lien | Lien in the World Legal Encyclopedia. |
| Lien | Lien in the European Legal Encyclopedia. |
| Lien | Lien in the Asian Legal Encyclopedia. |
| Lien | Lien in the UK Legal Encyclopedia. |
| Lien | Lien in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Lien
Scan Lien in the appropriate area of law:
| Link | Description |
|---|---|
| Lien | Lien in the Family Law Portal of the American Encyclopedia of Law. |
| Lien | Lien in the IP Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Commercial Law Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Criminal Law Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Antritrust Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Tax Law Portal of the American Encyclopedia of Law. |
| Lien | Lien in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Lien | Lien in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
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| Lien in the Dictionaries | Lien in our legal dictionaries |
| http://lawi.us/lien | The URI of Lien (more about URIs) |
| Lien related entries | Find related entries of Lien |
Legal Issue for Attorneys
A French word which originally signified a string, tie, or band, and in the metaphorical sense in which the law now uses it, it signifies the hold or claim which one person has upon the property of another as security for the satisfaction of a debt, duty or demand, by which he may, if in possession of the property, detain it until the same is satisfied. 2 South. (N. J.) 441. Actual possession by the lien claimant being essential. 62 Barb. (N. Y.) 323; 26 Wend. (N. Y.) 467. The term may be defined as a charge imposed on specific property, real or personal, by which it is made security for the performance of an act. 4 Cliff. (U. S.) 225. In every case in which property, either real or personal, is charged with the payment of a debt or duty, every such charge may be denominated a lien on the property. It differs from an estate in or title to the property, as it may be discharged at any time by payment of the sum for which the lien attaches. It differs from a mortgage in the fact that a mortgage is made and the property delivered, or otherwise, for the express purpose of security; while the lien attaches as incidental to the main purpose of the bailment, or, as in case of a judgment, by mere act of the law, without any act of the party. In this general sense, the word is commonly used by English and American law writers to include those preferred or privileged claims given by statute or by admiralty law, and which seem to have been adopted from the civil law, as well as the security existing at common law, to which the term more exactly applies. Liens are divided, in rei eot to their origin and nature, into common law, civil law, equitable, maritime, and statutory.
(1) Common-law liens. As distinguished from the other classes, they consist in a mere right to retain possession until the debt OF charge is paid. In the case of a factor, an apparent exception exists, as he is allowed a lien on the proceeds of goods sold, as well as on the goods themselves. But this seems to result from the relation of the parties, and the purposes of the bailment; to effectuate which, and at the same time give a security to the factor, the law considers the possession, or right to possession, of the proceeds, the same thing as the possession of the goods themselves. A particular lien is a right to retain the property of another on account of labor employed or money expended on that specific property. Whit. Liens, 9. A general lien is a right to retain the property of another on account of a general balance due from the owner. 3 Bos. & P. 494.
(2) Civil-law liens. The civil law embraces, under the head of mortgages and privilege, the peculiar securities which, in the common and maritime law, and equity, are termed liens. In regard to privilege, Domat says: We do not reckon in the number of privileges the preference which the creditor has on the movables that have been given him in a pawn, and which are in his custody. The privilege of a creditor is the distinguishing right which the nature of his credit gives him, and which makes him to be preferred before other creditors, even those who are prior in time, and who have mortgages. Domat. Civ. Law, pt. 1, lib. iii. tit. i. 8 v. These privileges are of two kinds: One gives a preference on all the goods, vrtthout any particular assignment on any one thing; the other gives to the creditors their security on certain things, and not on the other goods.
(3) Equitable liens. Such as exist in equity, and of which courts of fequity alone take cognizance. A lien is neither a jus in re nor a jus ad rem. It is not property in the thing, nor does it constitute a right of action for the thing. It more properly constitutes a charge upon the thing. In regard to these liens, it may be generally stated that they arise ftom constructive trusts. They are, therefore, wholly independent of the possession of the thing to which they are attached as an incumbrance, and they can be enforced only in courts of equity. Story, Eq. Jur. § 1217. An equitable lien on a sale of realty is very different from a lien at law, for it operates after the possession has been changed, and is available by way of charge instead of detainer. Adams, Eq. Jur. 127.
(4) Maritime liens. Maritime liens do not Include or require possession. The word lien is used in maritime law, not in the strict legal sense in which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive; but to express, as if by analogy, the nature of claims which neither presuppose nor originate in possession. 22 Eng. Law & Eq. 62. See 15 Bost. Law Rep. 555; 16 Best. Law Rep. 1, 264; 17 Bost. Law Rep. 93, 421. A distinction is made in the United States between qualified maritime liens, which depend upon possession, and absolute maritime liens, which do not require nor depend upon possession. 7 How. (U. S.) 729.
(6) Statutory liens. Under this head it is convenient to consider some of those liens which subsist at common law, but have been extensively modified by statutory regulations, as well as those which subsist entirely by force of statutory regulations. The principal liens of this class are judgment liens, and liens of materialmen and builders. Liens, whether common-law, equitable, or statutory, are either conventional, i. e., by express agreement of the parties, or by operation of law, by legal implication from the acts of parties,
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Notice
This definition of Lien Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
A charge imposed on property, by which the property is made security for the discharge of an obligation. (See also encumbrance (in U.S. law).) The holder of the lien gives notice of his or her claim by recording it in some designated public office.
Landlord’s Lien
In many states, the statute gives the landlord a lien upon the property of the tenant for unpaid rent. The landlord may seize such property, hold it as a security, and sell it within a fixed time to satisfy the tenant’s debt. In some states, the lien is enforceable in distrait proceedings; in others it is enforceable in attachment (in U.S. law) proceedings.
Mortgage Lien
Read more about Mortgage Liens and Priority between successive mortgage liens
Mechanic’s Lien
A person who furnishes some tasks in the improvements on land may acquire a lien (see more).
Judgment Lien
In most states, a judgment (in U.S. law) for money becomes a lien on all the land of the judgment debtor in some other county by filing an official copy of the judgment in the proper office of such county. The judgment may also become a lien on real estate which the judgment debtor acquires after the judgment is entered. The duration of the lien depends upon the governing state statute. The judgment lien is enforced by issuance of execution (in U.S. law) and levy. When the judgment is paid, the judgment debtor files a formal declaration known as a satisfaction.
Before purchasing property or a mortgage, one should search the judgment records to determine whether there are any judgment liens affecting the property about to be purchased or mortgaged.
See maritime lien (in U.S. law).
What is Lien?
For a meaning of it, read Lien in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Lien.
Meaning of Lien
In plain or simple terms, Lien means: A claim which a person has upon the
property of another as security for a debt owned to the lienholder.
Basic Meaning of Lien in Funeral Law
Lien, in this context, means: a claim or charge against property for payment of some debt (there can be no lien against a dead human body for it is not property).
Cause of Action to Establish or Enforce Artisan’s or Repairer’s Lien: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action to Establish or Enforce Artisan’s or Repairer’s Lien, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
See Also
Title Search.
spleen.
Further Reading (Articles)
Lien vs Security Interest – who wins?, Mondaq Business Briefing; November 8, 2011
Tax liens.(Fresh Business)(Outstanding state tax liens), Journal of Evolutionary Psychology; October 1, 2003
Tax liens.(Fresh Business)(Public Notice), Journal of Evolutionary Psychology; December 1, 2003
Liens by Architects in Atlantic Canada, Mondaq Business Briefing; December 31, 2012
Lien on me: An in-depth analysis of Tennessee’s mechanics’ lien statute with regard to real property, The University of Memphis Law Review; July 1, 2002; Fowler, Arthur M III
Lien on me, American Bankruptcy Institute Journal; July 1, 2003; Shuster, Michael P
Condo Liens: Judicial Lien V. Security Interest V. Statutory Lien – and Who Cares?, Mondaq Business Briefing; December 7, 2012
Liens Stay with House until Holder Paid Off, The Washington Times (Washington, DC); July 7, 2006
Lien to make Xi’an homecoming, China Daily; April 29, 2005
Liens – the ‘outlaws’ of personal property security.(Legislation), Mondaq Business Briefing; September 1, 2011
Lien on Me, American Bankruptcy Institute Journal; March 1, 2008; Berman, Mark N Brighton, Jo Ann J
Maritime Lien in India, Mondaq Business Briefing; November 23, 2012
Tax liens. (Fresh Business). Journal of Evolutionary Psychology; February 1, 2003
Lien-ing Towards Payment. Mondaq Business Briefing; June 30, 2010; Gentilcore, Edward
Liens, accusations heat up campaign [Corrected 10/31/06] ; Governor’s race: Chandler Woodcock, who has paid off 10 home liens, blames a rival for the publicity. Portland Press Herald (Portland, ME); October 27, 2006; PAUL CARRIER Staff Writer and SUSAN M. COVER Bleth
Lien Searches May Not Always Tell You Much – but Do Them Anyway, Mondaq Business Briefing; October 28, 2013; Cahn, Aaron
Liens By ‘Sovereign Citizens’ A Headache For State Officials, NPR All Things Considered; August 26, 2013; Robert Siegel
Liens on property in 08 hit record high, The Columbian (Vancouver, WA); January 16, 2009; Courtney Sherwood
Lien & Mean? Mechanics’ Liens In NL., Mondaq Business Briefing; December 1, 2011
Liens against Intel’s Colorado Springs, Colo., Property Grow to $100 Million. Knight Ridder/Tribune Business News; March 10, 2002
M & m Lien in the context of Real Estate
Resurces
See Also
- Mechanic’s Lien
Mechanic’s & Materialman’s Lien in the context of Real Estate
Resurces
See Also
- Mechanic’s Lien
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