Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

equitable lien

Read a random definition: protective sweep

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
LSD+ is ad-free, with DMs, discounts, case briefs & more.