Can I file a lien for money owed to me against a property being sold?
Full Question:
Answer:
The right of lien generally arises by operation of law, but in some cases it is created by express contract.
There are two kinds of lien; particular and general. When a person claims a
right to retain property, due to money or labor invested in that property, it is
a particular lien.
Liens may arise in three ways:
1. By express contract;
2. From implied contract, as from general or particular usage of trade;
3. By legal relation between the parties, such as created with common
carriers and inn keepers.
When goods are delivered to a tradesman or any other, to apply his labor to, he is entitled to detain those goods until he is paid for such labor.
To create a valid lien, it is essential:
1. That the party claiming a lien should have the absolute property or
ownership of the thing or, at least, a right to vest it;
2. That the party claiming the lien should have an actual or
constructive, possession, with the assent of the party against whom the
claim is made;
3. That the lien should arise upon an agreement, express or implied
and not be for a limited or specific purpose that contradicts the express
terms or the clear, intent of the contract.