statutory lien

statutory lien

A charge or claim upon property that arises by virtue of specific statutes that address the relationship between the property owner and the party given the ability to place the lien.A mechanics'and materialmen's lien is a statutory lien;a mortgage is a voluntary lien;and a lease giving the landlord rights in property located in the leased premises is a contractual lien. In bankruptcy,statutory liens are not enforceable but contractual and voluntary liens are.As a result,even if state statutes grant a landlord's lien,for example,the better practice is to also include those rights in the lease itself.