What must occur for a common-law lien to be valid?

For a common-law lien to be valid, exclusive possession of the property must be established. Under common law, a lien is a legal right or interest that a lender or service provider has in the borrower’s property, granted until the debt obligation is satisfied. The key aspect of a common-law lien derives from the possession of the property; the individual claiming the lien must have actual possession of the property to enforce this claim. This ensures that the person providing labor or material has a direct physical connection to the property, which can be crucial for asserting a lien in the event of a dispute over payment.

Implied consent from the property owner, recording with the state, and approval from the court are related to various other legal claims and processes but do not apply specifically to the validity of a common-law lien itself. These factors can influence other types of liens or legal claims but are not prerequisites for the establishment of a common-law lien. Thus, exclusive possession stands as the critical requirement in affirming one's right to claim a lien under common law.