What is a primary characteristic of an involuntary lien?

A primary characteristic of an involuntary lien is that it is created by operation of law. This type of lien occurs without the owner's consent, meaning that the property owner does not need to agree to the lien for it to be placed on their property. Involuntary liens arise through legal processes, such as a court judgment or tax obligations. For example, if a property owner fails to pay taxes, a government entity can impose a tax lien on the property as a result of statutory authority, which exemplifies how these liens are enforced by law rather than through mutual agreement or contract.

While some liens may involve express consent from the owner, involuntary liens specifically do not, which distinguishes them from voluntary liens that are agreed upon by the property owner. Additionally, involuntary liens can apply to both real estate and personal property, further emphasizing that the correct characteristic pertains to their legal origin. The involvement of private parties is typically more related to voluntary agreements rather than the nature of involuntary liens. Thus, the distinguishing factor for involuntary liens is indeed that they are created by operation of law.