Legal Dictionary
Main Entry:
lienPronunciation:
'lEnFunction:
nounEtymology: Anglo-French, bond, obligation, literally, tie, band, from Old French, from Latin
ligamen, from
ligare to bind
: a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the parties or esp. by operation of law;
specifically : a security interest created esp. by a mortgage
assessment lien : a lien that is on property benefiting from an improvement made by a municipality and that secures payment of the taxes assessed to pay for the improvement
attachment lien : a lien acquired on property by a creditor upon levy of an attachment
car·ri·er's lien : a lien against freight conferring on the carrier the right to retain the property until the amount due is paid
charging lien : a lien attaching to a judgment or recovery awarded to a plaintiff and securing payment of the plaintiff's attorney's fees and expenses called also
special lien
choate lien : a lien that requires no further action to be made enforceable and that identifies the lienor, the property subject to the lien, and the amount of the lien
common–law lien : a lien under common law giving a creditor (as a bailee) in possession of property the right to retain possession until payment of the amount due
equitable lien : a lien against property that does not require possession of the property and that is available in equity to prevent unjust enrichment
factor's lien : a lien against property held on consignment by a factor conferring the right to retain possession of the property until payment of the amount due
NOTE: Under Article 9 of the Uniform Commercial Code, a factor's lien is simply a security interest and, unlike a common-law lien, is enforceable even after the factor is no longer in possession of the property.
first lien : a lien taking precedence over all other claims, charges, or encumbrances of the same general category but not necessarily over those (as taxes) imposed by government sanction
float·ing lien : a lien created in a security agreement against property owned by the debtor at the time of the agreement's creation as well as property acquired after the agreement's creation
general lien 1 : a lien that is for the satisfaction of a balance due from an owner of property and that is not confined to the amount due in respect to the property itself
2 : RETAINING LIEN in this entry
inchoate lien : a lien for which some procedure remains unfinished or some term remains undetermined
involuntary lien : a lien that arises other than by the debtor's consent (as by operation of law)
judgment lien : a lien acquired against the property of a debtor by a creditor upon obtaining a favorable judgment
judicial lien : a lien obtained by a legal or equitable process (as judgment, levy, attachment, or execution)
ju·nior lien : a lien that is lower in priority relative to other liens
landlord's lien : a lien against the goods and valuables of a tenant to secure payment of rent or sometimes repayment of money otherwise owed to a landlord
maritime lien : a lien arising under maritime law against a ship or its cargo (as for services or supplies tendered or for damages caused by a collision) which may be enforced by a court-ordered seizure of the property in order to satisfy the obligation
ma·te·ri·al·man's lien /m&-'tir-E-&l-m&nz-/ : a lien on property for materials supplied
me·chan·ic's lien : a lien against a building and its site to assure priority of payment for labor or services (as construction and sometimes design) or material
retaining lien : a lien that attaches to the papers or property of a client which have come into his or her attorney's possession in the course of employment and that secures payment of the attorney's fees called also
general lien
se·nior lien : a lien that is higher in priority relative to other liens
special lien 1 : an equitable lien enforceable to compel performance of an obligation (as under a divorce settlement)
2 : CHARGING LIEN in this entry
spe·cif·ic lien : a lien upon specific property as security for the payment of a debt or the satisfaction of some other obligation arising out of a transaction or agreement involving that property —compare
GENERAL LIEN in this entry
statutory lien : a lien imposed by statute
tax lien : a statutory lien on property for taxes due giving the taxing authority a security interest in the property —compare
tax sale at
SALE
vendor's lien : a lien on esp. real property securing payment in full of the purchase price by the buyer
voluntary lien : a lien created (as by contract) with the consent of the debtor
[leen, lee-uh
n] 