Outcomes

Lien

A right to hold on to someone's property until a debt owed in connection with it has been paid.

Definition

A lien is a legal right to retain possession of goods, documents, or property belonging to another person until a debt or obligation connected with those items has been satisfied. Liens arise by operation of law (a common law lien) or by contract. A solicitor's lien over a client's papers until fees are paid, a repairer's lien over a vehicle until the repair bill is settled, and a carrier's lien over goods until freight charges are paid are all common examples. A general lien allows the holder to retain items against any outstanding debt owed by the owner; a particular lien (the narrower form) covers only debts arising from work done on the specific item retained. A lien gives a right of retention — not an automatic right to sell the goods. The right to sell requires a separate legal power, usually under the Torts (Interference with Goods) Act 1977.

In practice

If a tradesperson or professional is holding your goods or documents and refusing to return them, check whether they have a lawful lien before assuming wrongful retention. A valid lien means you must first pay (or secure) the underlying debt. If the lien is disputed — for example, the amount claimed is inflated — apply to the court for an order requiring delivery up on payment of the amount properly due into court. Solicitors' liens over client papers are governed by a specific body of case law; complaints go to the Legal Ombudsman.

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