Lien

Introduction to Lien

Lien, in the law of property, any of various charges on specific property; and, if it is personal property, the right to retain the property as security for the payment for services, material, or money expended on that property. A general lien is a charge against all or any of the debtor’s property as security for an indebtedness. Liens are of several classes. They may attach to either the personal or real property of a debtor, and in the U.S. they are generally regulated by statute.

The principal statutory liens are mechanics’ liens, judgment liens, and tax liens. Laws governing mechanics’ liens differ among the states, but in general they provide that a contractor who has furnished work or materials for the improvement of real property acquires a lien against the property for the value of the services or materials. The creditor contractor protects his or her lien, against other creditors of the owner, by filing a notice of the claim with the proper authority in the county in which the property is situated. With respect to judgment liens, both federal and state court judgments in favor of successful litigants, known as judgment creditors, are liens on the property of the unsuccessful litigants, known as judgment debtors. Tax liens arise out of the failure of the taxpayer to pay federal, state, or local taxes, and the governmental claim is a lien against the property of the taxpayer. A mortgage gives rise to a lien on the property of the mortgagor (debtor) in favor of the mortgagee (creditor).

A lien is discharged by payment of the claim of the creditor. If payment is not made, the lien is enforced by levy, that is, by possession of the property, in the case of a judgment lien; and by foreclosure sale in the case of mechanics’ liens and tax liens.” (1)

Salary, Lien, Equity

From the book The Clergyman’s Hand-book of Law, about Salary, Lien, Equity (1): The church building and the land on which it stands have been held subject to the payment of a debt due for the salary of a pastor of the congregation owning such property.533 A contractor is entitled to a lien on the church property for work done on the building.534 A person who became liable for the debts of the congregation incurred in the purchase of church property, obtained relief in equity by subjecting the church property to a sale.535

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church

Resources

Notes and References

• Information about Lien in the Encarta Online Encyclopedia

Guide to Lien