How long does a maritime lien last?
It depends on the lien and the circumstances. Some fishing vessel crew wage liens may expire in 6 months. A preferred mortgage lien that secures payment of a promissory note expires when the applicable statute of limitations runs on claims based on a breach of the note. A carriers lien against cargo lasts only as long as the cargo remains in the carriers possession. Most maritime personal injury claims are subject to a 3 year statute of limitations, pure salvage claims for 2, and some cargo damage claims for 1. Lien claims not governed by a statute of limitations are governed by the doctrine of laches. This doctrine bars a lien claim when (1) there has been an unreasonable delay in pursuing it and (2) another partys legal position has been harmed by the unreasonable delay. For example, pursuit of a lien claim more than a few months old may be barred when a third party ignorant of the lien has purchased the vessel in the interim, or when a lender ignorant of the lien has lent money and
It depends on the lien and the circumstances. Some fishing vessel crew wage liens may expire in 6 months. A carriers lien against cargo lasts only as long as the cargo remains in the carriers possession. Most maritime personal injury claims are subject to a 3 year statute of limitations, pure salvage claims for 2, and some cargo damage claims for 1. Lien claims not governed by a statute of limitations are governed by the doctrine of laches. This doctrine bars a lien claim when (1) there has been an unreasonable delay in pursuing it and (2) another partys legal position has been harmed by the unreasonable delay. For example, pursuit of a lien claim more than a few months old may be barred when a third party ignorant of the lien has purchased the vessel in the interim, or when a lender ignorant of the lien has lent money and taken a ship mortgage to secure the loan. When the original owner retains the vessel, laches will usually not be applied aggressively on that owners behalf. If there
