Sec. 53.022. PROPERTY TO WHICH LIEN EXTENDS. (a) The lien extends to the improvements and to each lot of land necessarily connected.
(b) The lien does not extend to abutting sidewalks, streets, and utilities that are public property.
(c) A lien against land in a city, town, or village extends to each lot on which the improvement is situated or on which the labor was performed.
(d) A lien against land not in a city, town, or village extends to not more than 50 acres on which the improvement is situated or on which the labor was performed.
Acts 1983, 68th Leg., p. 3536, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 690 (H.B. 2237), Sec. 5, eff. January 1, 2022.
Notes of Decisions
Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App.—Houston [14th Dist.] 2013).
· cites it 2× “Nor is there any contention that Parcel B is outside the “[p]roperty to [w]hich [the] [l]ien [e]xtends” under Texas Property Code section 53.022. Thus, on the record before us, nothing prevented the builder from filing a lien against Parcel B to secure the unpaid portion of the…”
Valdez v. Diamond Shamrock Refining & Mktg. Co., 842 S.W.2d 273 (Tex. 1992).
“Scope of Mechanic’s Lien As stated in Texas Property Code section 53.022(c), a mechanic’s lien extends to the entire “lot” on which work is being performed.”
In Re Demay Int'l, LLC, 431 B.R. 164 (Bankr. S.D. Tex. 2010).
“Therefore, because McCaffety satisfied all of the statutory requirements to attach and perfect a statutory mechanic’s lien, its lien is valid and properly perfected.”
Blanco, Inc. v. Porras, 897 F.2d 788 (5th Cir. 1990).
“While the Bank’s position appears at first glance to be supported by the plain language of Tex. Prop.Code Ann. § 53.022(d), 8 we conclude that Texas law in fact entitles Blanco to foreclose upon the entire 1,500 acres claimed in its lien.”
CoreTech Indus., LLC, No. 18-34196 (Bankr. N.D. Tex. Dec. 31, 2019).
· cites it 2× “77 Tex. Prop. Code Ann. § 53.022 (a) (West 2019) (emphasis added).”
Am. Tech., Inc. v. Balistreri-Amrhein, No. 19-04077 (Bankr. E.D. Tex. Nov. 15, 2021).
“A Chapter 53 mechanic’s and materialman’s lien “extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and to each lot of land necessarily connected or reclaimed.”
Shell Constr., Inc. v. Mike Lauf & Pat Clancy, No. 03-92-00118-CV (Tex. App.—Austin Jan. 13, 1993).
· cites it 2× “The sole issue raised by Shell's two points of error is whether a valid construction lien attaches to non-contiguous subdivision lots described in a single lien affidavit, either under the provisions of Tex. Prop. Code Ann. § 53.022 (a) (West 1984), or under the self-executing…”
Tex. Prop. Code § 53.022(a): 4 cases
Am. Tech., Inc. v. Balistreri-Amrhein, No. 19-04077 (Bankr. E.D. Tex. Nov. 15, 2021).
“A Chapter 53 mechanic’s and materialman’s lien “extends to the house, building, fixtures, or improvements, the land reclaimed from overflow, or the railroad and all of its properties, and to each lot of land necessarily connected or reclaimed.”
CoreTech Indus., LLC, No. 18-34196 (Bankr. N.D. Tex. Dec. 31, 2019).
“77 Tex. Prop. Code Ann. § 53.022 (a) (West 2019) (emphasis added).”
Tex. Prop. Code § 53.022(c): 1 case
Valdez v. Diamond Shamrock Refining & Mktg. Co., 842 S.W.2d 273 (Tex. 1992).
“Scope of Mechanic’s Lien As stated in Texas Property Code section 53.022(c), a mechanic’s lien extends to the entire “lot” on which work is being performed.”
Tex. Prop. Code § 53.022(d): 1 case
Blanco, Inc. v. Porras, 897 F.2d 788 (5th Cir. 1990).
“While the Bank’s position appears at first glance to be supported by the plain language of Tex. Prop.Code Ann. § 53.022(d), 8 we conclude that Texas law in fact entitles Blanco to foreclose upon the entire 1,500 acres claimed in its lien.”
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