Summary of the English Law of Liens from Halsbury's Laws of England:
Key Points:
1. Types and Basic Definition: - A lien is fundamentally a legal right to keep possession of property until a claim has been met - Types include: legal, non-possessory, equitable, general, particular, statutory, contractual, judicial and subrogatory liens - Multiple types can exist concurrently
2. Main Categories:
Legal Liens: - Arise at common law - Require rightful and continuous possession - Don't typically require a written agreement - Act as a defense rather than a right of action
Equitable Liens: - Arise by operation of law independent of possession - Similar to equitable charges - Don't necessarily require a contract - Subject to equitable principles and conditions
Statutory Liens: - Created by statute - Interpretation depends primarily on statutory meaning - Can override or nullify other types of liens - May be general or particular
Contractual Liens: - Arise from contract terms - Primary interpretation based on contract language - May supersede other types of liens - Strictly construed, especially for general liens
3. Important Distinctions: - Liens differ from mortgages, pledges, bills of sale, and equitable charges - General liens allow retention of property until all claims are satisfied - Particular liens only allow retention until specific charges are paid - Legal liens typically require possession while equitable liens don't
4. Key Characteristics: - Most liens require possession to be maintained - Cannot typically be assigned without owner's authority - Holder has duty of care for the property - No inherent power of sale (unlike mortgages or pledges) - Registration may be required depending on type
This is a complex area of law where multiple types of liens can coexist and interact, with different rules governing their creation, maintenance, and enforcement.