Anderson vs Loos – clr volume 2 page 066

In the case between the owners of the Kitulgalle Estate (plaintiffs) and the firm of proctors and notaries (defendants), the court addressed the issue of whether a valid solicitor’s lien existed over title deeds delivered for the purpose of preparing a conveyance and mortgage. It was held that no such lien could be claimed, as there was no intention to transfer possession or ownership of the deeds to the purchaser or defendants. The holding reaffirmed the principle that the right of lien must be established clearly by agreement or implication, and cannot prejudice the client’s (plaintiff’s) rights where such intention is absent. The decision was grounded in established principles concerning the separation of title and possession in legal documentation, underscoring that a solicitor’s lien