Judicial Dictionary



Title Lien
Details

Lien is used by individuals, businesses, and lenders to secure payment for a debt. A lien can be placed on your home, car, or any other personal or real property owned. The most common known type of lien is a mortgage. In a mortgage, a lien is placed on your home as security for the loan. Other common liens are tax liens, mechanic's liens, and attorney liens. The lien is right to retain the lawful possession of the property of another until the owner fulfills a legal duty to the person holding the property, such as the payment of lawful charges for work done on the property. A mortgage is a common lien. In its widest meaning this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied. The right of lien generally arises by operation of law, but in some cases it is created by express contract.
Money deposited by the plaintiff in his account cannot be retained by the bank in exercise of its right to general lien for the simple reason that by the said deposit a relationship of debtor and creditor is established between the bank and its customer and the bank can use the money in any manner it likes as the ownership in such deposit vests in the bank and there is no question of exercising lien on the money over which the bank has absolute right of ownership and possession. ….. [Rupali Bank vs. Haji Ahmed Sabur 43 DLR 464]