Contractual Lien

Name for a category of liens that stem from contracts and do not depend on the common law or statutes for their existence.  A contractual lien is essentially a contract that gives a security interest in property to one of the parties involved.  One example would be a mortgage.

Some commentators insist that a "contractual lien" should not be called a lien at all, because a "true" lien should arise without the consent of the property owner.  Still, others argue that the concept of contractual liens adds value to discussions about the law.