maritime lien

law

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Last updated

June 30, 2026

Quick Summary

A maritime lien is a claim against a vessel, cargo, or freight that can be enforced in a court of admiralty jurisdiction. This distinctive feature of admiralty law allows for proceedings in rem, meaning against the property itself, rather than solely in personam, against the owner.12

A ship can be held responsible even if the owner is not, as seen in compulsory pilotage cases where the vessel itself is charged with the pilot's fault. Maritime liens can arise from maritime torts (like collisions or personal injuries), salvage services, general average contributions, and breaches of certain maritime contracts. If a judgment is awarded, the property can be sold to satisfy the debt, and such sales divest all pre-existing liens. Efforts to harmonize laws regarding the priority of maritime liens and ship mortgages have been made through international conventions, but with limited success.1

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maritime law
Maritime liens
Although admiralty actions are frequently brought in personam, against individual or corporate defendants only, the most distinctive feature of admiralty practice is the proceeding in rem, against maritime property, that is, a vessel, a cargo, or “freight,” which in shipping means the compensation…
Read More
Although admiralty actions are frequently brought in personam, against individual or corporate defendants only, the most distinctive feature of admiralty practice is the proceeding in rem, against maritime property, that is, a vessel, a cargo, or “freight,” which in shipping means the compensation…
Read More