equitable lien

property law

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June 26, 2026

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An equitable lien is a claim or charge upon property that secures the payment of a debt or the satisfaction of an obligation. Unlike possessory liens, where the creditor holds the property, courts of equity may recognize a creditor's interest in a debtor's property even if it remains in the debtor's possession.1

An example of an equitable lien is an "equitable levy," which involves a creditor placing a lien on a judgment debtor's assets through legal process. These liens are distinct from common-law possessory liens and statutory liens, such as the mechanic's lien used in the United States. Equitable liens are a recognized property right, with roots in early Roman law.21

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lien
…possessory liens, there are also equitable and statutory liens. Courts of equity will in certain situations recognize a creditor’s interest in a debtor’s property even though the property remains in the debtor’s possession. An example of a statutory lien in general use in the United States is the mechanic’s lien,…
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…possessory liens, there are also equitable and statutory liens. Courts of equity will in certain situations recognize a creditor’s interest in a debtor’s property even though the property remains in the debtor’s possession. An example of a statutory lien in general use in the United States is the mechanic’s lien,…
Read More