Legal Definitions - hypothec

Hypothec is a type of mortgage that is given to a creditor as security for a debt. It is a legal agreement that allows the creditor to take possession of the property if the debtor fails to repay the debt.

• Landlord's Hypothec: In Scots law, a landlord has the right to secure their rent by holding onto the tenant's personal property, such as furniture and equipment, until the rent is paid. This is different from the English remedy of distress, which allows the landlord to seize the tenant's property without a court order.
• Mariner's Hypothec: A seaman, freighter, or repairer can assert a lien against a ship for payment of wages or other sums due. This means that they have the right to take possession of the ship if they are not paid what they are owed.
• Solicitor's Hypothec: A legal agent, such as a solicitor, can assert a lien for costs in excess of the costs recovered from an opposing party. This means that they can hold onto important documents, such as title deeds, until their outstanding account is paid.

These examples illustrate how hypothec can be used in different legal contexts to secure debts and protect the rights of creditors.