What kind of lien arises only if the claimant has exclusive possession of the property?

A common-law lien arises when a person has exclusive possession of a property and is entitled to retain possession until a debt owed to them is satisfied. This type of lien is based on judicial precedent rather than statutes and is often associated with situations where someone has improved a property and is owed payment for those improvements, or when they have lawfully retained possession of property in connection with a claim for payment.

In this context, the presence of exclusive possession is crucial, as it gives the possessor the right to hold onto the property until the claimant's demand is met. The common-law lien does not require a formal filing process or legal action, making it distinct from statutory liens, which are created through legislation, and other types of liens such as judgment liens or tax liens that arise under specific legal circumstances and procedures. Thus, recognizing exclusive possession as a prerequisite helps to clarify the nature and enforceability of a common-law lien in property law.