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Simple English definitions for legal terms
common law lien
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A quick definition of common law lien:
A common law lien is a type of lien that doesn't need a law or contract to exist. It's a way to make sure someone gets paid for their work or services by putting a hold on the property they worked on. For example, if a carpenter builds a deck for someone and doesn't get paid, they can put a lien on the deck to make sure they get their money. Even if there's a law that says you can't do this, sometimes common law liens are still allowed.
A more thorough explanation:
A common law lien is a type of lien that is created by common law principles, rather than by a specific statute or contract. This means that it exists simply because of the way that the law has developed over time, and it is generally recognized as having the force of law in each U.S. state.
One example of a common law lien is an artisan's lien. This type of lien is used to ensure that artisans (such as mechanics or contractors) are paid for their work by placing a lien on the property that they have improved. For instance, if a mechanic repairs a car but the owner does not pay for the work, the mechanic may be able to place a lien on the car to ensure that they are eventually compensated.
Another example of a common law lien is a lawyer's lien. This type of lien allows a lawyer to retain possession of a client's property until they are paid for their services. For example, if a lawyer represents a client in a lawsuit but the client does not pay their legal fees, the lawyer may be able to keep any documents or other property that the client has given them until they are paid.
These examples illustrate the definition of a common law lien because they show how this type of lien can be used to ensure that people are paid for their work or services. Because common law liens are recognized by the courts, they can be a powerful tool for individuals and businesses who are owed money but have not been paid.