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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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what is the differance between a lien and a charge on a property,

Customer Question

what is the differance between a lien and a charge on a property, i pay you £40 per mouth
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

Do not need to elaberate, just want a simply answer to a simply question thank you janette

Expert:  tdlawyer replied 3 years ago.
Hi Janette

In answer to your question, a charge is something that is consented to. It is given freely by the person granting it, and secures a sum of money over the thing/property charged.

A lien arises without consent, it arises by virtue of somebody not having paid for something in respect of which works/services have been rendered. It is a right to retain possession of the goods, pending payment.

A charge does not usually give a right to possession either. A charge, like a mortgage, is simply a security so that if payment is not made, the charge can be enforced. A lien is a right to hold on to specific goods.

In practical terms, liens occur in relation to smaller items of property and charges get applied to larger more valuable things. This isn't always true though - it's just how you see it applied regularly in the practical world though.

Hope this answers your question?