Construction Liens in Texas
Contents
Overview
Sources
Tex. Prop. Code §§ 53.001 et seq.
Authorized Claimants
A person has a lien if the person labors, specially fabricates material, or furnishes labor or materials for construction or repair in this state of a house, building, or improvement a levee or embankment to be erected for the reclamation of overflow land along a river or creek; or a railroad; and the person labors, specially fabricates the material, or furnishes the labor or materials under or by virtue of a contract with the owner or the owner's agent, trustee, receiver, contractor, or subcontractor. (TX Prop. Code Sec. 53.021 (a))
Lien Priority
Except as provided by this section, a mechanic's lien attaches to the house, building, improvements, or railroad property in preference to any prior lien, encumbrance, or mortgage on the land on which it is located, and the person enforcing the lien may have the house, building, improvement, or any piece of the railroad property sold separately. The mechanic's lien does not affect any lien, encumbrance, or mortgage on the land or improvement at the time of the inception of the mechanic's lien, and the holder of the lien, encumbrance, or mortgage need not be made a party to a suit to foreclose the mechanic's lien. (TX Prop. Code Sec. 53.123)
Notices and Registries
Filing Deadlines
A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien. (TX Prop. Code Sec. 53.052 (b) and (c))
Enforcement Deadlines
Suit must be brought to foreclose the lien within two years after the last day a claimant may file the lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later. For a claim arising from a residential construction project, suit must be brought to foreclose the lien within one year after the last day a claimant may file a lien affidavit under Section 53.052 or within one year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later. (TX Prop. Code Sec. 53.158)
