Repossessions: 15.5.3 Enhancement of Value of Property
Most lien statutes limit liens to situations in which the lien claimant enhances the property’s value.61 Thus, negligence in the performance of services that would otherwise enhance the property’s value may be an affirmative defense against a claimed lien.62 Several courts have held that supplies required for ongoing maintenance of property, such as gasoline, oil, and antifreeze, do not constitute materials that enhance the property’s value.63