Like most people, you may not know how to get a lien on a property in Texas.
However, this knowledge can help you get paid in the construction business. Texas state statutes provide three groups of people the option to file a mechanic’s lien to three groups.
Do you:
- Work as a contractor, subcontractor, or provide labor on specific construction projects;
- Create specially fabricated materials used on a real estate project;
- Provide design services as a surveyor, engineer, or architect?
If you answer yes to any of these questions, you may want to review these steps explaining how to get a lien on a property in Texas.
1. Determine if the property is commercial or residential.
You can move forward if the project is on commercial or public property. It may be possible to file a lien under on a residential project that is not a Homestead Property. Read this article to determine when a lien can be filed on a Homestead Property in Texas.
2. Gather the information you will need, including:
- The amount of the claim;
- Name and address of the property owner;
- Name and address of the original property owner; or the person who hired you.
- A description of the work you did or materials you provided; and
- The legal description of the property where you did the job.
- You need a list of the notices you’ve sent and the dates you sent them.
3. Are you required to send a pre-lien notice?
If you have a direct contract with the property owner, you don’t need to send a pre-lien notice. However, suppose you are a subcontractor, a sub-subcontractor, or provided materials for use on a job. In that case, you must send a pre-lien notice. You can send this notice the same day as the lien affidavit if it meets the filing deadlines.
4. If you are within the filing deadlines and you have determined you are eligible, you’re ready to complete the lien affidavit.
You can use our Texas Easy Lien online system to complete the process with online filing options.
The lien affidavit must be filed in the county where the job is located. Take the notarized documents and filing fees to the county clerk’s office if that county doesn’t accept online filing,
5. The last step is to send copies of the documents to the property owner and the general contractor if you are a subcontractor or sub-subcontractor.
Send these forms to the proper person’s last known mailing address by certified mail with a return receipt requested.
The laws related to mechanic’s liens can be confusing.
Yes, the requirements to get a lien on a property in Texas are complicated, and it is frustrating to make a mistake or miss a deadline.
Instead of paying an attorney to file a mechanic’s lien, many professionals choose to use the online Texas Easy Lien system. Visit our site to answer a few questions and see if your project qualifies for online filing.
