Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Lien shopping experience:

1. Compare - without doubt the biggest advantage that the Lien offers shoppers today is the ability to compare thousands of Lien at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.

2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about

3. Testimonials - don't know anybody that has bought a Lien? Wrong! If the Lien is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.

4. Questions - Got a question about Lien then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....

5. Reputation - Never heard of the company selling Lien? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Lien and build up a picture of their reputation for sales, returns, customer service, delivery etc.

6. Returns - still worried that even after all of the above your Lien wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.

7. Feedback - happy with your Lien then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.

8. Security - check for the yellow padlock on the Lien site before you buy, and the s after http:/ /i.e. https:// = a secure site

9. Contact - got a question about Lien, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.

10. Payment - ready to pay for your Lien, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.



In law, a lien 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 lienor and the person who has the benefit of the lien is referred to as the lienee.

In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the U.S., a lien characteristically refers to non-possessory security interests (see generally: Security interest#Security).

In other common law 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 U.S., 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.Hatton v Car Maintenance 1 Ch 621 However, common law countries also recognise a slightly anomalous form of security interest called an "equitable lien" which arises in certain rare instances.

Another distinction between the U.S. and other common law countries is in the pronunciation. In the U.S. the word is usually pronounced "leen", whereas in other countries is more normally enunciated as "lee-yen".

Despite their differences in terminology and application, there are a number of similarities between liens in the U.S. and elsewhere in the common law world.

United States Liens can be consensual or non-consensual. Consensual liens are imposed by a contract between the creditor and the debtor. These liens include: Non-consensual liens typically arise by statute or by the operation of law of the common law. These laws give a creditor the right to impose a lien on an item of real property or a chattel by the existence of the relationship of creditor and debtor. These liens include: Liens are also "perfected" or "unperfected" (see perfection (law)). 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 in bankruptcy; 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 (law), to have a demand satisfied out of a particular fund or specific property without having possession of the fund or property. In U.S. law, such liens characteristically arise in four circumstances:Black's Law Dictionary (8th ed.)
  • 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 completes permanent and beneficial improvements to the estate begun earlier by the testator; and
  • when land or other property is transferred subject to the payment of debts, legacy, portions or Annuity (financial contracts) to third persons.


    • Other common law countries Outside of the U.S., 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 2 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.

    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 lienee cannot use the property held as security for past debts as well. A general lien affects all of the property of the lienor in the possession of the lienee, and stands as security of all of the debts of the lienor to the lienee. A special lien can be extended to a general lien by contract, and this is commonly done in the case of carriers.George Baker Ltd v Eynon 1 WLR 462 A common law lien only gives a passive right to retain; there is no power of sale which arises at common law,Thames Iron Works v Patent Derrick (1860) 1 J&H 93 although some statutes have also conferred an additional power of sale,In the United Kingdom, see for example, Innkeepers Act 1878 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;Legg v Evans (1840) 6 M&W 36 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;Pennington v Reliance Motors Ltd 1 KB 127; and if the chattel is surrendered to the lienor, the lien entitlement is lost foreverHatton v Car Maintenance 1 Ch 621 (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.Mulliner v Florence (1878) 3 QBD 484

    Equitable lien In common law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a non-possessory security right conferred by operation of law, which is similar in effect to an equitable charge. 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 for equitable liens extend outside of the unpaid vendor's lien. Equitable liens have been held to exist in a number of cases involving chose in action, but not yet in relation to chattels.Transport and General Credit v Morgan 2 All ER 17 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. But overall, there is still perceived to be a lack of central nexus.See Phillips J, "Equitable Liens - A search for a unifying principle" in Palmer & McKendrick, Interests in Goods (2nd ed.)

    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 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 Ch 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 some might say 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,Michael Bridge, Personal Property Law (2nd ed.) 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.Bristol Airport v Powdrill Ch 744

    ==Maritime liens==

    A maritime lien is a lien on a vessel, given to secured the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use. Maritime lien's 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".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 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.Bankers Trust v Todd Shipyards, The Halcyon Isle AC 221 Although characteristics vary under the laws of different countries, it can be described as: (1) a privileged claim, (2) upon maritime property, (3) for service to it or damage done by it, (4) accruing from the moment that the claim attaches, (5) travelling with the property unconditionally, (6) enforced by an action in rem.Griffith Price, The Law of Maritime Liens (1940)

    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:



    See also

    Footnotes

    In law, a lien 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 lienor and the person who has the benefit of the lien is referred to as the lienee.

    In the United States, the term lien generally refers to a wide range of encumbrances and would include other forms of mortgage or charge. In the U.S., a lien characteristically refers to non-possessory security interests (see generally: Security interest#Security).

    In other common law 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 U.S., 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.Hatton v Car Maintenance 1 Ch 621 However, common law countries also recognise a slightly anomalous form of security interest called an "equitable lien" which arises in certain rare instances.

    Another distinction between the U.S. and other common law countries is in the pronunciation. In the U.S. the word is usually pronounced "leen", whereas in other countries is more normally enunciated as "lee-yen".

    Despite their differences in terminology and application, there are a number of similarities between liens in the U.S. and elsewhere in the common law world.

    United States Liens can be consensual or non-consensual. Consensual liens are imposed by a contract between the creditor and the debtor. These liens include: Non-consensual liens typically arise by statute or by the operation of law of the common law. These laws give a creditor the right to impose a lien on an item of real property or a chattel by the existence of the relationship of creditor and debtor. These liens include: Liens are also "perfected" or "unperfected" (see perfection (law)). 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 in bankruptcy; 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 (law), to have a demand satisfied out of a particular fund or specific property without having possession of the fund or property. In U.S. law, such liens characteristically arise in four circumstances:Black's Law Dictionary (8th ed.)
  • 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 completes permanent and beneficial improvements to the estate begun earlier by the testator; and
  • when land or other property is transferred subject to the payment of debts, legacy, portions or Annuity (financial contracts) to third persons.


    • Other common law countries Outside of the U.S., 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 2 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.

    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 lienee cannot use the property held as security for past debts as well. A general lien affects all of the property of the lienor in the possession of the lienee, and stands as security of all of the debts of the lienor to the lienee. A special lien can be extended to a general lien by contract, and this is commonly done in the case of carriers.George Baker Ltd v Eynon 1 WLR 462 A common law lien only gives a passive right to retain; there is no power of sale which arises at common law,Thames Iron Works v Patent Derrick (1860) 1 J&H 93 although some statutes have also conferred an additional power of sale,In the United Kingdom, see for example, Innkeepers Act 1878 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;Legg v Evans (1840) 6 M&W 36 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;Pennington v Reliance Motors Ltd 1 KB 127; and if the chattel is surrendered to the lienor, the lien entitlement is lost foreverHatton v Car Maintenance 1 Ch 621 (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.Mulliner v Florence (1878) 3 QBD 484

    Equitable lien In common law countries, equitable liens give rise to unique and difficult issues. An equitable lien is a non-possessory security right conferred by operation of law, which is similar in effect to an equitable charge. 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 for equitable liens extend outside of the unpaid vendor's lien. Equitable liens have been held to exist in a number of cases involving chose in action, but not yet in relation to chattels.Transport and General Credit v Morgan 2 All ER 17 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. But overall, there is still perceived to be a lack of central nexus.See Phillips J, "Equitable Liens - A search for a unifying principle" in Palmer & McKendrick, Interests in Goods (2nd ed.)

    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 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 Ch 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 some might say 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,Michael Bridge, Personal Property Law (2nd ed.) 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.Bristol Airport v Powdrill Ch 744

    ==Maritime liens==

    A maritime lien is a lien on a vessel, given to secured the claim of a creditor who provided maritime services to the vessel or who suffered an injury from the vessel's use. Maritime lien's 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".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 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.Bankers Trust v Todd Shipyards, The Halcyon Isle AC 221 Although characteristics vary under the laws of different countries, it can be described as: (1) a privileged claim, (2) upon maritime property, (3) for service to it or damage done by it, (4) accruing from the moment that the claim attaches, (5) travelling with the property unconditionally, (6) enforced by an action in rem.Griffith Price, The Law of Maritime Liens (1940)

    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:



    See also

    Footnotes

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