Can I file a lien for money owed to me against a property being sold?

Full question:

Can I file a lien against property? The owner owes me about $8,000.00 and is getting ready to sell the property. I have cancelled checks showing that I paid this person’s late mortgage payments. This was about two years ago.

• Category: Judgment Liens
• Date: 04/07/2025
• State: Kentucky

Answer:

The right of lien generally arises by operation of law, but in some cases it is created by express contract.

There are two kinds of lien; particular and general. When a person claims a
right to retain property, due to money or labor invested in that property, it is
a particular lien.

Liens may arise in three ways:

1. By express contract;

2. From implied contract, as from general or particular usage of trade;

3. By legal relation between the parties, such as created with common
carriers and inn keepers.

When goods are delivered to a tradesman or any other, to apply his labor to, he is entitled to detain those goods until he is paid for such labor.

To create a valid lien, it is essential:

1. That the party claiming a lien should have the absolute property or
ownership of the thing or, at least, a right to vest it;

2. That the party claiming the lien should have an actual or
constructive, possession, with the assent of the party against whom the
claim is made;

3. That the lien should arise upon an agreement, express or implied
and not be for a limited or specific purpose that contradicts the express
terms or the clear, intent of the contract.