HYPOTHEC

hypothec (hI-poth-ek or hi-).Civil law. A mortgage given to a creditor on property to secure a debt; HYPOTHECA.

landlord’s hypothec.Scots law. The lessor’s right of security for rent in articles, furniture, and equipment (other than tools of the tenant’s trade) that the tenant brought onto the leased premises. • Unlike the English remedy of distress, the right of security is effected only by the lessor’s application to the court for a decree of sequestration. Until 1880, a landlord could assert the lien against a tenant’s crops and stock as well as personal property. See SEQUESTRATION FOR RENT.

mariner’s hypothec. 1. A lien that a seaman, freighter, or repairer can assert against a ship for payment of wages or other sums due. 2. A shipowner’s lien against the ship’s cargo for the freight costs.

solicitor’s hypothec.A legal agent’s lien for costs in excess of the costs recovered from an opposing party. • The lien may also apply to the retention of some documents, such as title deeds, as security for a client’s outstanding account.

[Blacks Law 8th]