Liens

Mineral Interest Liens in Three Sentences

texas oil gas water mineral interest lienA person who furnishes labor or materials in connection with digging, drilling, operating, maintaining, completing, or repairing an oil, gas, or water well, or an oil or gas pipeline, mine, or quarry, is granted a lien to secure payment.

The lien is asserted by timely filing a proper affidavit in the records of the appropriate county clerk’s office.

The claimant must foreclose the lien by filing suit, if the claim isn’t otherwise paid.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Construction Loan Financing in Three Sentences

texas construction loan financingA great number of project owners/developers fund construction projects by obtaining construction loans. A construction mortgage loan (a.k.a. an interim loan) is a short-term loan used to build the improvements on the land. Often, once the improvements are complete, owners/developers utilize a prearranged, long-term permanent mortgage loan (a.k.a. final loan) to finance the entire project, which includes retiring the construction mortgage loan.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Can Your Mechanic Keep Your Car?

texas garageman mechanic lienYes, sometimes.

A Texas “garageman” with whom a motor vehicle is left for care has a lien on the vehicle for the amount of the charges for the care, including charges for towing the vehicle to the garageman’s place of business. And a person who repairs a vehicle may retain possession of that vehicle until (1) the amount due under the contract for the repairs is paid; or (2) if no amount is specified by contract, the reasonable and usual compensation is paid.

It’s a good idea to ask for a repair estimate and to insist that no work be performed without your advance approval. Most honest mechanics don’t have a problem with that.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more involved and complex discussions.

Texas Agricultural Landlord’s Lien

This is the fourth and final article covering Texas landlord’s liens. The previous three posts are here, here, and here.

texas agricultural landlord's lienWhat is an agricultural landlord’s lien? One who leases land has a lien “for rent that becomes due and for the money and the value of property that the landlord furnishes…to the tenant to grow a crop on the [land] and to gather, store, and prepare the crop for marketing.”

To what does the lien attach? With notable exceptions not discussed here, the lien generally attaches to the (a) property on the leased premises that the landlord furnishes to the tenant to grow a crop; and (b) crop grown on the land in the year that the rent accrues or the land is furnished.

Does the agricultural lien always arise or exist? No. The lien may or may not arise depending on (a) whether the landlord or tenant furnishes the labor and materials to grow the crop; and (b) how much rent is charged by the landlord in proportion to the value of the grain and cotton grown on the land.

How long does the lien exist? Generally, “the lien exists while the property to which it is attached remains on the leased premises and until one month after the day that the property is removed from the premises.”

May a delinquent, agricultural tenant remove the crop subjected to the lien? No, not without the landlord’s consent.

What if the delinquent tenant removes the crop without the landlord’s consent? If the crop is removed by the tenant in preparation for market, the landlord’s lien will continue to exist on the removed crop.

What can a landlord do if s/he has good cause to believe that the delinquent tenant is about to remove the crop or abandon the premises? The landlord can ask a Justice of the Peace to order law enforcement to seize the property.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Texas Residential Landlord’s Lien

May a landlord take a tenant’s property to cover delinquent rent? In this post we introduced the concept of landlord liens. One is the residential landlord’s lien.

texas landlord's lien

“A landlord of a single or multifamily residence has a lien for unpaid rent that is due. The lien attaches to nonexempt property that is in the residence or that the tenant has stored in a storage room.” However, the lien does not attach to fifteen categories of property including clothes, tools of a trade/profession, family pictures, food, and medicines, among other things.

“The landlord or the landlord’s agent may not seize exempt property and may seize nonexempt property only if it is authorized by a written lease and can be accomplished without a breach of the peace.” Upon seizing the property, the landlord must leave a particular type of notice in a conspicuous place inside the dwelling.

The landlord may not sell the property unless doing so is specifically authorized by the lease. Once again, advance notice to the tenant is required before the sale.

“The tenant may redeem the property at any time before the property is sold by paying to the landlord or the landlord’s agent all delinquent rents and, if authorized in the written lease, all reasonable packing, moving, storage, and sale costs.”

A landlord who fails to comply with applicable law may have to pay money damages to the tenant and the tenant’s legal fees.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Texas Building Landlord’s Liens

In an earlier post, we discussed the fact that there are three types of Texas landlord liens. One is the commercial building lien. So what is it, and what’s its purpose?

One who leases any part of a building for nonresidential purposes has a lien on the non-exempt property of the tenant for the payment of rent. “The lien is unenforceable for rent on a commercial building that is more than six months past due unless the landlord files a lien statement with the county clerk of the county in which the building is located.” The law requires specific information be included in this rental lien statement. The lien exists while the tenant occupies the building and until one month after the day that the tenant abandons it.Texas Building Landlord's Lien

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Landlord’s Liens in Three Sentences

texas landlord's liens leaseTexas has three types of statutory landlord’s liens: agricultural, commercial building, and residential. The creation of the lien, the property to which it attaches, and the enforcement of the lien depend on the type of landlord’s lien in question. The purpose of landlord’s liens is to secure tenants’ lease compliance.

We’ll discuss each of these liens in greater detail in future posts.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.