8.7-209 - Lien of warehouseman.
§ 8.7-209. Lien of warehouseman.
(1) A warehouseman has a lien against the bailor on the goods covered by awarehouse receipt or storage agreement or on the proceeds thereof in hispossession for charges for storage or transportation (including demurrage andterminal charges), insurance, labor, or other charges, present or future, inrelation to the goods, and for expenses necessary for preservation of thegoods or reasonably incurred in their sale pursuant to law. If the person onwhose account the goods are held is liable for like charges or expenses inrelation to other goods whenever deposited and it is stated in the warehousereceipt or storage agreement that a lien is claimed for charges and expensesin relation to other goods, the warehouseman also has a lien against thegoods covered by the warehouse receipt or storage agreement or on theproceeds thereof in his possession for such charges and expenses whether ornot the other goods have been delivered by the warehouseman. But against aperson to whom a negotiable warehouse receipt is duly negotiated awarehouseman's lien is limited to charges in an amount or at a rate specifiedon the receipt or if no charges are so specified then to a reasonable chargefor storage of the goods covered by the receipt subsequent to the date of thereceipt.
(2) The warehouseman may also reserve a security interest against the bailorfor a maximum amount specified on the receipt for charges other than thosespecified in subsection (1), such as for money advanced and interest. Such asecurity interest is governed by the title on secured transactions (Title8.9A).
(3) A warehouseman's lien for charges and expenses under subsection (1) or asecurity interest under subsection (2) is also effective against any personwho so entrusted the bailor with possession of the goods that a pledge ofthem by the bailor to a good faith purchaser for value would have been validbut is not effective against a person who before issuance of a document had alegal interest or a perfected security interest in the goods and that did not:
(a) deliver or entrust the goods or any document of title covering the goodsto the bailor or the bailor's nominee with:
(i) actual or apparent authority to ship, store, or sell;
(ii) power to obtain delivery under § 8.7-403; or
(iii) power of disposition under §§ 8.2-403, 8.2A-304(2), 8.2A-305(2),8.9A-320, or § 8.9A-321(c) or other statute or rule of law; or
(b) acquiesce in the procurement by the bailor or its nominee of any document.
(4) A warehouseman's lien under subsection (1) on household goods for chargesand expenses in relation to the goods is also effective against all personsif the depositor was the legal possessor of the goods at the time of deposit.The term "household goods" means furniture, furnishings, or personaleffects used by the depositor in a dwelling. Such lien shall be effectiveagainst a prior security interest that has been otherwise perfected asrequired by law only to the extent of $150.
(5) A warehouseman loses his lien on any goods that he voluntarily deliversor unjustifiably refuses to deliver.
(Code 1950, §§ 61-30 to 61-35; 1964, c. 219; 1974, c. 435; 2004, c. 200.)