Warehousers automatically have a lien on goods left with them for storage when the goods are left by:
- the owner of the goods,
- someone with the owner’s authority, or
- any person entrusted with the goods by the owner.
In the third case, there is an additional requirement for the warehouser to preserve their lien. Where the goods were left for storage by a person entrusted with them by the owner, the warehouser must give written notice of the warehouse lien to the owner of the goods. The warehouser must give this notice within two months of the goods being left with them.
If someone has registered a security interest in the goods, the warehouser must also give the notice of the lien to them.
This notice must include:
- a brief description of the goods,
- the location of the warehouse where the goods are stored, the date they were left there, and the name of the person who left them, and
- a statement that the warehouser is claiming a warehouse lien on the goods.