Lien

To define Lien in terms of law it is a type of security interest that is being given over an item of possessions to secure the compensation of an arrears or presentation of a few other requests. The property to whomsoever it belongs i.e. the title-holder, who grants the lien, is said to be the lienor and the individual who has the profit of the lien is called to be the lienee. A lienee who sells the chattel without any permission may possibly have to be answerable in renovation as well as giving away the lien.

Similarly in other common-law countries this term Lien can be defined as the specific type of security interest where the individual has the rights only to have the property with him but he cannot sell it. In simple terms Lien can be defined as “right of detaining the property of another until some claim be satisfied.”

Liens can be:

• Consensual (voluntary): It is an agreement sandwiched between the creditor and the debtor.
  • Chattel mortgage
  • Mortgage

• Non-consensual (involuntary): It is arisen by the act or by the procedure of the common law.

  • Weed liens and Demolition liens - assessed by the regime to set right a possession from being an annoyance and which creates communal vulnerability
  • Tax liens - forced to make safe the tax payment
  • Mechanic's liens – a safe and protected payment for the work done on possessions or property
  • Attorney's liens - in opposition to resources and credentials to make safe the payment of fees
  • Maritime liens – in navy forced on ships by the admiralty law
  • Judgment liens – For the purpose of the payment of judgment

The Common-law lien has 2 divisions namely:

• Special liens: It is the most widespread kind and it requires a close relationship sandwiched between the service that is being rendered and the property. The lienee has no rights to use this property for his previous debts.
• General liens: it affects the entire possessions of the lienor in the ownership of the lienee, and stands as a protection for every part of the debts of the lienor to the lienee.

Questions:

• What is meant by statutory lien?
• What is the role of admiralty law?