equitable lien

A right, enforceable only in equity, to have a demand satisfied from a particular fund or specific property, without having possession of the fund or property.

• It arises mainly in four circumstances: (1) when an occupant of land, believing in good faith to be the owner of that land, makes improvements, repairs, or other expenditures that permanently increase the land’s value, (2) when one of two or more joint owners makes expenditures of that kind, (3) when a tenant for life completes permanent and beneficial improvements to the estate begun earlier by the testator, and (4) when land or other property is transferred subject to the payment of debts, legacies, portions, or annuities to third persons.

— Also termed equitable levy. [Cases: Liens 7. C.J.S. Liens §§ 5–8.]


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