Lien - Nomenclature

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 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 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 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.
• 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—the right of a bank 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 lienee the entitlement to take possession of any or all of the lienor's real property to cover a delinquent loan.
• carrier's lien—a carrier's right to retain possession of cargo 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.
• common-law lien—a lien arising under the common law, rather than by statute, equity 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 take effect from a future date.
• demurrage lien—a carrier's lien on goods for any unpaid demurrage 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.
• 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 lienor while the debt is outstanding (in common-law countries, see Floating charge).
• garnishment lien—a lien on the debtor's property held by a garnishee.
• 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, 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 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 (also referred to as an innkeeper's lien).
• inchoate lien—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 lienor'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—see above.
• mechanic's lien—(also sometimes referred to as an artisan's lien, chattel lien, construction lien, labourer's lien, in various jurisdictions).
• mortgage lien—a lien on the mortgagor's property securing the mortgage.
• municipal lien (United States)—a lien by a municipal corporation 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 to recover his costs 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 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 lienor's consent.
• warehouser's lien—a lien for storage charges for goods stored with a bailee (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.