What do you do when someone or some company places an invalid or unenforceable lien on your Texas property? This is a situation where a person is not entitled to maintain a lien on the Property. This is a situation where the Texas property owner did not engage the person or company to make repairs or improvements to the property. This is the type of case where there was never an agreement between the parties that the landowner would reimburse the person for repairs or improvements made. Just because a person suffers a personal injury on someone else’s land, that does not give them the right to file a lien. Just because a tenant believes that the landowner breached a residential sales contract, does not give the tenant the right to file a lien.
Often times, the reasons and charges stated in a lien document are not valid reasons for asserting a lien. Even if a person had reasons to file a lien, they often are not entitled to maintain a lien since people and companies fail to comply with the requirements of Chapter 53 of the Texas Property Code. Often times a contractor or tenant that places a lien fails to provide the required notices within the time specified in statute. By failing to do so, they to perfect an enforceable mechanics and materialman’s lien. In addition, often times the purported lien seeks to collect sums not owing. The property owners often resort to hiring a Texas real estate lawyer to defend against the claim and file summary motion to remove the invalid lien. The property owner can sue the person placing the invalid lien pursuant to Section 53.156 of the Texas Property Code of the State of Texas for reasonable attorney’s fees incurred.
The property owner may also be able to bring a claim for a fraudulent lien. The Texas Civil Practice & Remedies Code identifies the damages that the land owner can claim.
– Article By Richard Weaver
