Legal Definitions - special retention

Special retention refers to a legal right that allows a party to keep possession of a specific item of property belonging to another person until a particular debt or obligation, directly related to that specific property, has been satisfied. This right is often established by law or through a specific agreement between the parties involved. It is distinct from a general right of retention, which might allow a party to hold any property of another until any outstanding debt is paid.

Here are some examples to illustrate special retention:

• Example 1: Auto Repair Shop

  A car owner takes their vehicle to a mechanic for a major engine repair. After the mechanic completes the work, the owner is unable to pay the full repair bill. In many jurisdictions, the mechanic has a right of special retention (often called a mechanic's lien) over the car. This means the mechanic can legally keep possession of that specific car until the owner pays for the repairs performed on that particular vehicle.

  This illustrates special retention because the mechanic's right to hold the car is directly tied to the specific services (repairs) rendered to that exact piece of property (the car). The mechanic cannot hold other property of the car owner for this debt, only the car itself.

• Example 2: Custom Tailor

  A client commissions a custom suit from a tailor. The tailor meticulously crafts the suit to the client's specifications. When the suit is finished and ready for collection, the client refuses to pay the agreed-upon price. The tailor can exercise a right of special retention, keeping possession of the custom-made suit until the client pays the outstanding balance for the tailoring services provided for that specific garment.

  This demonstrates special retention because the tailor's right to hold the suit is directly linked to the specific work performed on that particular item. The tailor cannot retain other items belonging to the client for this unpaid debt.

• Example 3: Art Restorer

  An art collector entrusts a valuable antique painting to a professional art restorer for delicate conservation work. The restorer spends several months carefully restoring the artwork. Upon completion, the collector disputes the invoice and refuses to pay the restoration fees. The art restorer has a right of special retention, allowing them to keep possession of the restored painting until the collector settles the payment for the conservation services rendered to that specific piece of art.

  This exemplifies special retention because the restorer's right to hold the painting is solely based on the services provided to that unique item. The restorer cannot use this right to secure payment for other unrelated debts the collector might owe.