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LSDefine

Simple English definitions for legal terms

equitable lien

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A quick definition of equitable lien:

An equitable lien is a type of lien that a court can impose to make things fair. It doesn't matter if the creditor has the property or not. To create an equitable lien, there must be a duty or obligation owed by one person to another, a property interest that the obligation is attached to, and an intent that the property be used as security for the debt or obligation.

A more thorough explanation:

An equitable lien is a type of lien that is imposed by a court to ensure fairness between parties involved in a dispute. Unlike other types of liens, an equitable lien is not created by statute and can be imposed even if the creditor does not have physical possession of the property.

For an equitable lien to be created, the following conditions must be met:

  • There must be a duty or obligation owed by one person to another.
  • There must be a property interest to which that obligation is attached and which can be identified.
  • There must be an intent, either express or implied, that the property to which the equitable lien is attached serves as security for the payment of the debt or obligation.

For example, in the case of First Banc Real Estate v. Johnson, an equitable lien was created because the defendant owed a debt to the plaintiff and the debt was attached to a specific property. The court imposed an equitable lien on the property to ensure that the debt was paid.

Another example of an equitable lien is when a contractor performs work on a property but is not paid by the owner. The contractor can seek an equitable lien on the property to ensure that they are paid for their work.

Overall, an equitable lien is a tool used by courts to ensure fairness between parties involved in a dispute. It can be imposed even if the creditor does not have physical possession of the property and is only created when specific conditions are met.

equitable estoppel | equitable ownership

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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