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Can I file a mechanics lien on personal/business property?

TexasMechanics Lien
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Anonymous contractor
Jul 15, 2020

I provided construction work directly for the owner of a nightclub and found owner info and the jobsite listed as BUSINESS PERSONAL PROPERTY on the CAD property search. The team processing my lien found another owner entirely on the accessor's site because they are the owner of the real property/parcel. Should I use the owner of the business personal property or the owner of the real property in my mechanics lien?

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Anonymous contractor
Jul 15, 2020

While the entity that contracted with you may or may not own the real property, the owner for the purposes of the lien affidavit is the person/entity that owns the real property upon which work was performed. But beware, whether or not you actually contracted with the same entity that owns the property may well effect the type of lien you have as well as the various notices required. 

For instance, a contractor that contracts directly with the owner of real property is entiteld to a constitutional lien while a contractor that contracts with an intermediary company (which may happen to be owned by the very same owner) might be left with only statutory lien rights.

If you are unsure about this situation, I strongly suggest you reach out to an attorney in the construction law field. Feel free to reach me directly to discuss this issue and your rights in greater detail. 

Very best,

Ben House




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