How have courts dealt with a lien in a property transaction?
British Columbia, Canada
The following excerpt is from Chu v. Chen, 2004 BCCA 209 (CanLII):
Thus, in Boulton v. Gillespie (1860), 8 Gr. 223, one of the authorities cited, the contest was between the assignees in bankruptcy of the vendor and a purchaser from the original purchasers who testified he knew nothing of any unpaid notes on the original sale. Indeed, in that case, the vendor himself testified that he had never intended that there should be any lien.
In my opinion, upon a close reading, Freeborn v. Goodman, supra, does not stand for the proposition that when a lien has arisen between vendor and purchaser, the court has a "discretion" to decline to enforce the lien on any vague concept of "unfairness".
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