<P> The common - law liens are closely aligned to the so - called "common callings", but are not co-extensive with them . </P> <P> A common - law lien is a very limited type of security interest . Apart from the fact that it only amounts to a passive right to retain, a lien cannot be transferred; it cannot be asserted by a third party to whom possession of the goods is given to perform the same services that the original party should have performed; and if the chattel is surrendered to the lienor, the lien entitlement is lost forever (except for where the parties agree that the lien shall survive a temporary re-possession by the lienor). A lienee who sells the chattel unlawfully may be liable in conversion as well as surrendering the lien . </P> <P> In common - law countries, equitable liens give rise to unique and difficult issues . An equitable lien is a nonpossessory security right conferred by operation of law, which is similar in effect to an equitable charge . It differs from a charge in that it is non-consensual . It is conferred only in very limited circumstances, the most common (and least ambiguous) of which is in relation to the sale of land; an unpaid vendor has an equitable lien over the land for the purchase price, notwithstanding that the purchaser has gone into occupation of the property . It is seen as a counterweight to the equitable rule which confers a beneficial interest in the land on the purchaser once contracts are exchanged for purchase . </P> <P> It is a matter of conjecture how far equitable liens extend outside of the unpaid vendor's lien . Equitable liens have been held to exist in a number of cases involving choses in action, but not yet in relation to chattels . The Australian courts have been the most receptive towards equitable liens in relation to personal property (see Hewett v Court (1983) 57 ALJR 211, but a review of the cases still leaves a lack of clarity in relation to the principles upon which an equitable lien will be imposed . </P>

The creditor holds the title to goods until the debt is paid. this is called a