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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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