If we don't have the property owner information for filing the lien (as it's a pipeline right-of-way and can have hundreds of land owners), who/what address do we need to find in place of the property owner address?
1 reply
Jul 26, 2019
That's a good question, and it actually sheds some light on why mechanics liens won't always be a great fit for recovering payment on pipeline work. In order to file a valid and enforceable Texas mechanics lien, that lien must feature the name and last known address of the owner of the property, and it must also include a legal property description of the property being liened. So, where multiple properties are being liened, that can pose obvious problems. Unfortunately, at least in the Texas Property Code sections regarding mechanics lien rights, there's no exception for work spanning multiple properties, and there aren't any provisions relating to pipeline work. So, even in situations where there are a litany of properties and property owners to be accounted for, the same rules will apply.
Note, of course, that Texas has laws on the books that grant lien rights specifically for oil, gas, and pipeline projects. While those laws are separate from traditional mechanics lien laws relating to construction work, they can help recover payment on those projects and are better equipped for work spanning a large number of properties.