California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 14 — Lien, Chapter 1 — Liens in General, Article 6 — Extinction of Liens, Section 2913

The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons, subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.

Notes

Sets voluntary return of property by a possessory lienholder to the owner as extinguishing the lien on that property unless the parties agree otherwise. Even with such an agreement, the lien is extinguished against the owner’s creditors and later good-faith purchasers or lienholders who give value.

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