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Statutes

"A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor or other charges and for expenses for preservation of the goods or reasonably incurred in their sale. If stated in the receipt, the warehouse also has a lien against other goods covered by the warehouse receipt or storage agreement or on the proceeds whether or not the other goods have been delivered by the warehouse. A warehouse's lien is limited to charges specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge. M.G.L. c. 106, §§7-209

A warehouse's lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. After the first six months of storage, the lien may be enforced by public sale and notice must be given to all persons known to claim an interest in the property. M.G.L. c. 106, §§7-210

The plaintiff must pay the costs of removing the property to the place of storage and will be entitled to reimbursement by the defendant for those costs. Whoever accepts the property for storage is entitled to a lien for reasonable storage expenses. Enforcement of the lien by sale or disposal of the property is prohibited during the first six months of storage. M.G.L. c. 239, §4."

Cases

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Contributors

Lewis J. Cohn

The statutory information was edited and reviewed with the support of MultiState

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