Liens
A lien is a right to retain possession of another person’s property pending payment of a debt. For example, a garage might not allow the owner of a car to retrieve it until the work they have done has been paid for. The holder of the property is not usually able to deal with it unless there is a contractual or statutory provision permitting this.
A lien may be:
- Legal (or possessory).
- Equitable.
- Contractual.
A legal lien can arise from a common law right, from contract or from statute. It is dependent on the creditor having rightfully obtained possession of the property and remains in force whilst the property is retained.
An equitable lien may arise from contract or by law of equity. It is the right to have property realised to satisfy outstanding debts and does not depend on possession of the property. It is based on the principle that possession of property under a contract for payment will not be allowed without payment.
A contractual lien arises from a contract between the parties.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding.
Types of rapidly renewable content
From forestry to agricultural crops and their by-products.
Terraced houses and the public realm
The discernible difference between the public realm of detached housing and of terraced housing.