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Placing a mechanics lien on a development in Texas

We are a civil engineering firm doing land development engineering for a developer - i.e. platting, layout, streets, etc. The developer owns various parcels of the property being developed but not all of the property. We need to lien the developer for unpaid fees. We are within the prescribed timelines. However, we do not want to lien the entire development, only the parcels of property the developer owns. Is that possible?

2 replies

Aug 20, 2019

In Texas, one mechanics lien may generally attach to multiple properties when the work performed spans more than one individual lot or parcel where the property being liened is owned by the same owner. Under § 53-022 of the Texas Property Code, "(a) The lien extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and to each lot of land necessarily connected or reclaimed." Further, sections (b) and (c) also contemplate a mechanics lien being filed against more than 1 individual lot or parcel. Note, though, that § 53-054(a)(6) of the Texas Property Code requires the filed mechanics lien include "a description, legally sufficient for identification, of the property sought to be charged with the lien." So, each property that is subject to the lien filing should generally be identified in a TX lien claim. Of course, if the multiple properties are separately owned, or when there are multiple contracts for work, multiple liens may be required. And, regardless of whether one lien against multiple properties may be allowed, filing a separate lien against each property will typically be the safest available approach. Here are some resources I think might be valuable: (1) Filing a Lien on a Project with Multiple Properties (2) Texas Mechanics Lien Guide and FAQs

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Mar 5, 2020

I wanted to follow-up and confirm you’ve been paid on this project matter.

If I can further assist your company with any unpaid invoices, please feel free to call or email. My firm can collect for you even when lien rights have expired or were never pursued.

Mike Ross Miller, Ross & Goldman mross@mrgpartners.com (512)275-6412 Direct https://www.mrgpartners.com/levelset

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