Attorneys: Can someone give an understandable explanation regarding different types of liens?

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September 18, 2017, 02:58 PM

BamaJeepster

Attorneys: Can someone give an understandable explanation regarding different types of liens?

In Tennessee there is a statute:

http://law.justia.com/codes/te...chapter-20/66-20-101

66-20-101. Pasturage lien.

quote:
When any horse or other animal is received to pasture for a consideration, the farmer shall have a lien upon the animal for the farmer's proper charges, the same as the innkeeper's lien at common law; and in addition the farmer shall have a statutory lien for six (6) months.

What is the difference between a pasturage lien and a statutory lien?

Trying to help out a farm with a deadbeat boarder. I know they need to contact a local lawyer, I'm just trying to understand the difference between a pasturage lien and a statutory lien.

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams

September 18, 2017, 03:16 PM

jhe888

You need a local lawyer. I've never heard of a pasturage lien. We don't have any such thing in Texas to my knowledge. Plus, the pasturage lien appears to be created by statute , so I have no idea what other statutory lien the statute refers to.

This is REALLY local. Which is often the case on statutory stuff like this. Plus, knowing how such statutory language is actually interpreted is critical.

September 18, 2017, 03:56 PM

JALLEN

A quick perusal of a google search makes it sound like a statutory lien is, or is synonymous with, a lien for labor and improvements to real property.

I can't imagine how that makes any sense, so the question remains, unexplained, until someone who knows comes along.

Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown

September 18, 2017, 05:02 PM

BamaJeepster

Thanks for the replies...The good news is that the farm had a lawyer draw up their boarding contract, which spelled out step by step what happens when the boarder doesn't pay and the farm has followed the steps explicitly.

The rub has come now that they have taken possession and want to sell the horses, the buyers want the breed association to transfer ownership papers and the boarder has refused to sign them over.

I told them they need to just consult with the attorney who drew up the contract, but when I looked up TN law I was curious what the difference was between a pasturage lien and a statutory lien. Didn't make sense and my Google fu turned up nada in the way of further explanation.

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams

September 18, 2017, 05:04 PM

JALLEN

quote:
Originally posted by BamaJeepster:
Thanks for the replies...The good news is that the farm had a lawyer draw up their boarding contract, which spelled out step by step what happens when the boarder doesn't pay and the farm has followed the steps explicitly.

The rub has come now that they have taken possession and want to sell the horses, the buyers want the breed association to transfer ownership papers and the boarder has refused to sign them over.

I told them they need to just consult with the attorney who drew up the contract, but when I looked up TN law I was curious what the difference was between a pasturage lien and a statutory lien. Didn't make sense and my Google fu turned up nada in the way of further explanation.

I bet a court can unwrangle this tangle. That's where one goes to enforce liens if necessary.

September 18, 2017, 05:25 PM

tatortodd

You've got your gangsta lean (aka dumbass driving position)

You've got your utility worker lean:

You've got your hottie with car/motorcycle lean:

You've got your too drunk to walk lean:

You've hot your Italian architecture lean:

September 18, 2017, 05:26 PM

jhe888

Nice.

September 18, 2017, 05:29 PM

BamaJeepster

I'll take the hottie lean!

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams

September 18, 2017, 06:03 PM

TAllen01

It seems to me that a pasturage lien is a subset of a statutory lien. A statutory lien would arise because it gets its authority via a statute. A pasturage lien arises by this statute, so it would appear to me to be a statutory lien as well.

It just happens to deal with pasturages, so it is called a pasturage lien. Think of mechanic's liens, etc. for the different types of liens out there.

Not sure there are many 'common law' liens left, but to my mind those are the ones that are diffrent than statutory liens (because they originate not from statute, but from the common law).

Just my guess.