A lien is the legal claim of one person upon the property of
another person to secure the payment of a debt or the satisfaction of an
obligation. In the case of mechanic’s
liens, the lien is intended to secure payment for labor or materials supplied
in improving, repairing or maintaining real property.
A lien may be provided for in a contract, the Texas
Constitution, or by a statute.
Constitutional liens are provided for in Article 16 Section 37 of the
Texas Constitution. Statutory liens are
provided for in Chapter 53 of the Texas Property Code. The
Constitution and Property Code provide similar protections to lien claimants;
however, the two procedures are distinct and independent of one another. A contractual lien is provided for in an
agreement between the parties in which they agree that the contractor is
secured by a right of foreclosure and sale.
Contractual liens are not discussed further in this series of blog postings.
The text of the Texas Constitution and Texas Property
Code is provided online by the Texas Legislature and may be found at the
following link: http://www.statutes.legis.state.tx.us/
By Sarah F. Berry, Attorney
If you are interested in attending a lien and bond claim workshop please contact Sarah Berry for more information. Sarah@LPVLaw.com or (512) 472-2300.
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