What is a maritime lien?

A maritime lien is a legal claim upon a vessel or cargo that arises out of services or materials provided to the vessel. It is a specialized form of lien available in maritime law. Maritime liens are a potent source of security for creditors who supply services, materials or repairs to vessels or cargoes. In Virginia, a maritime lien can arise from a contract (express or implied) or from a tort. Generally, a maritime lien must be for necessaries, or items that relate directly to the vessel’s operation or the cargo’s transport. For example, maritime liens may be imposed for the repair or supplies of a ship, pilotage, and salvage. Statutorily recognized necessaries also include towage, wharfage, dockage, bunker fuel, cargo handling and brokerage commissions. Unlike other sorts of liens, a maritime lien has the advantage of being a lien in rem. That is, the lien is imposed upon the vessel or cargo itself, not just the owner of the vessel or cargo. This makes a maritime lien particularly important, as it is more difficult for the debtor to avoid payment. This feature is especially useful when the owner of a vessel is unknown, so the creditor cannot collect the debt through legal action against the owner.

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What is a maritime lien?

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