November 2011
Equity
Equity is generally only available when a party is without an adequate remedy at law. For an equitable lien to arise, there must be a debt, specific property to which the debt attaches and an expressed or implied intent that the property serve as security for payment of the debt. A remedy at law is normally available where a contractual agreement existed between the parties.
The Nutt Corp. v. Howell Road, LLC, No. 4911 (S.C. Ct. App., Nov. 23, 2011) (Shearouse Adv. Sh. No. 42).