As used in this article, "lien" means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity.
§ 1265.210.Lien Defined
Title 7. Eminent Domain Law · Chapter 10. Divided Interests · Article 3. Encumbrances · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1265.210 defines 'lien' for this article to mean a mortgage, deed of trust, or any other security interest in property, whether it arises from contract, statute, common law, or equity.
Full Text of § 1265.210
Plain-English Summary
This section sets the vocabulary for the rest of Article 3. "Lien" means a mortgage, deed of trust, or any other security interest in property -- and the source of that interest does not matter. A lien created by contract, by statute, by the common law, or by principles of equity all count equally.
That broad definition matters because the sections that follow -- on continuing liens past judgment, apportioning awards between lienholders, and handling special assessments -- all turn on whether a given interest qualifies as a "lien" in the first place.
Frequently Asked Questions
What counts as a lien under this article?
A mortgage, deed of trust, or any other security interest in property.
Does it matter how the lien was created?
No -- liens arising from contract, statute, common law, or equity all qualify equally.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: definition of lien eminent domain californiamortgage deed of trust condemnation california