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carrier's lien—a carrier's right to retain possession of cargo until the cargo owner pays shipping costs. choate lien (United States)—a lien in which the lienee, the property, and the monetary amount are established so that the lien is perfected and nothing else needs to be done to make the lien enforceable. [24]
A business buys a vehicle and obtains financing. The entity purchasing the vehicle becomes the registered owner and has both possession and right of possession. The finance provider would be the lienholder and have a security interest that, upon default, would become a right of retention.
In the context of property law it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to ...
Property is generally deemed to have been lost if it is found in a place where the true owner likely did not intend to set it down and where it is not likely to be found by the true owner. At common law, the finder of a lost item could claim the right to possess the item against any person except the true owner or any previous possessors. [3] [2]
In a trust account, retainage is withheld by the owner, placed in a trust account with a trustee that has a fiduciary relationship to the contractor. [26] The trustee can invest the retainage at the contractor's direction, thereby allowing the contractor to "use" the retained funds that normally would sit idle in an escrow account. [26]
A reversion in property law is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum than he has (such as the owner of a fee simple granting a life estate or a leasehold estate).
However, to maintain the lien, the artisan had to retain possession of the article until he or she was paid. If the property were returned to the owner before that time, the lien was lost. The lien was enforced by a "self-help" sale of the property and applying the sale proceeds to payment of the amount owed for the workmanship. The sales were ...
For example, the owner of Blackacre, a freehold estate, may wish to sell part of their land, but retain a right to fish in the river flowing through that part of the land. The owner of Blackacre may therefore create a new estate over the part of the land they wish to sell, but make its sale conditional on a purchaser granting a profit à ...