improvement lien – A lien recognized in equity in a proper case for the benefit of one who clims compensation for an improvement made on the land of another. 27 Am


improvement lien:

A lien recognized in equity in a proper case for the benefit of one who claims compensation for an improvement made on the land of another. 27 Am J1st Improv § 30

attachment lien: (1842) A lien on property seized by prejudgment attachment.  *  Such a lien is initially inchoate but becomes final and perfected upon entry of a judgment for the attaching creditor and relates back to the date when the lien first arose.  — aka lien of attachment.  See ATTACHMENT.

chaste lien  (1882) A lien in which the lienholder, the property, and the monetary amount are established so that the lien is perfected and nothing else needs to be done to make it enforceable.

equitable lien: (18c) A right, enforceable only in equity, to have a demand satisfied from a particular fund or specific property, without having possession of the fund or property.  *  It arises mainly in four circumstances:

(1) when an occupant of land, believing in good faith to be the owner of that land, makes improvements, repairs, or other expenditures that permanently increase the land’s value,
(2) when one of two or more joint owners makes expenditures of that kind,
(3) when a tenant for life completes permanent and beneficial improvements to the estate begun earlier by the testator, and
(4) when land or other property is transferred subject to the payment of debts, legacies, portions, or annuities to third persons.
— aka equitable levy.

common-law lien  (1828) 1. A lien granted by the common law, rather than by statute, equity. or agreement by the parties.

2. The right of one person to retain possession of property belonging to another until certain demands of the possessing party are met.  *  This type of lien, unlike an equitable lien, cannot exist without possession. [1].

1. A lien arising by implication of law, not by contract, which entitles the lienor to retain possession of an article in his possession which belongs to another until certain demands against such other person are satisfied. 33 Am J1st Liens § 16. [2]

1. A lien existing under the common law. [3]

general lien: (18c) 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 bankers have a general lien over the property of their clients or customers.  Cf. particular lien.

     “The usage of any trade sufficient to establish a general lien, must . . . have been so uniform and notorious, as to warrant the inference that the party against whom the right is claimed had knowledge of it.  This general lien may also be created by express agreement; as, where one or more persons give notice that they will not receive any property for the purpose of their trade or business, except on condition that they shall have a lien upon it, not only in respect to the charges arising on the particular goods, but for the general balance of account.  All persons who afterwards deal with them, with the knowledge of such notice, will be deemed to have acceded to that agreement. 2 James Kent, Commentaries on American Law *637 (George Comstock ed., 11th ed. 1866).

inchoate lien (1838) A judgment lien that may be defeated if the judgment is vacated or a motion for new trial is granted.  Cf. consummate lien.

involuntary lien – (1889) A lien arising without the debtor’s consent.

judgment lien (1831) A lien imposed on a judgment debtor’s nonexempt property.  *  This lien gives the judgment creditor the right to attach the judgment debtor‘s property. — aka lien of judgment.  See EXEMPT PROPERTY.

judicial lien (1890) A lien obtained b judgment, levy, sequestration, or other legal or equitable process or proceeding.  *  If a debtor is adjudged to owe money to a creditor and the judgment has not been satisfied, the creditor can ask the court to impose a lien on specific property owned and possessed by the debtor.  After the court imposes the lien, it usually issues a writ directing the local sheriff to seize the property, sell it, and turn over the proceeds to the creditor.