Lien: Difference between revisions

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281 bytes added ,  18 January 2018
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{{anat|security}}{{t|Lien}}s are {{t|Security}} interests that usually arise by operation of the cold hard facts of life and without the need for any formal documentation. A banker has a lien over your assets. A mechanic has a lien over your car, in that if you don’t pay your bill, you can’t have the car back. A custodian has a lien over your assets. You get the idea.   
{{anat|security}}
:''It was common ground between counsel that rights properly classified in English law as a general lien were incapable of application to anything other than tangibles and old-fashioned certificated securities.'' — Briggs J in {{casenote1|Re Lehman Brothers International}}<br>
{{t|Lien}}s are {{t|Security}} interests that usually arise by operation of the cold hard facts of life and without the need for any formal documentation. A banker has a lien over your assets. A mechanic has a lien over your car, in that if you don’t pay your bill, you can’t have the car back. A custodian has a lien over your assets. You get the idea.   


Liens can be creatures of [[common law]] or [[statute]] (in which case they’re forms of {{tag|legal security}}) or they can be [[equitable security|equitable]].
Liens can be creatures of [[common law]] or [[statute]] (in which case they’re forms of {{tag|legal security}}) or they can be [[equitable security|equitable]].


to have a legal lien you must have possession over your asset. To have an equitable lien, not so much.
to have a legal lien you must have possession over your asset. To have an equitable lien, not so much.

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