How to find the legal description of a property?

› How to find the legal description of a property?

The county appraisal district websites are free and can provide you with the project owner’s name, mailing address, and legal description of the property. Make sure to search the real property records and not the business/personal property records.

To locate a county appraisal district website search online by typing (county name) Texas tax appraisal district website. For example: “Harris County, Texas, tax appraisal district website” or “Harris CAD.” Then select their “Property Search” link and enter owner’s name and/or street address to search for property information. Make sure you have identified the correct legal name of the owner of the property, it could also be a company name. Finding property information in the tax appraisal websites is sometimes difficult and although having the legal description in the lien documents is preferred, if you know the actual street address of the project, you may use that instead and your lien will still be valid.

What information do I need to start?

To prepare a prelien notice, a lien affidavit or bond claim document, you will need the general information of the project and contract. Other information will also be necessary and it will depend on what type of document you need and your role in the project. Information required

What defines a Commercial Project?

A “Commercial Project (Private)” is any construction project that is not a residential project such as an office building, hospital, church, or store. This definition may include the construction of a tract home or multi family or condominium buildings. • Office Building • Apartment Complex • Duplex • Fourplex • Store • Car Dealership • Church • Spec Home • Subdivision Construction • Coffee Shop • Medical Complex/Hospital Other examples of commercial projects include: tract or pre-designed (spec) homes, apartments, condominiums that have not yet been purchased, dormitories, hotels, nunnery, nursing homes, assisted living, and other living space which is not actually owned by the person who is going to occupy it.

Who should prepare and file the lien release with the County Property Records Office?

The lien release should be signed and notarized by the same person (contractor) who filed the mechanic’s lien. Preparing and filing the document itself can be done by the interested party (i.e. the project owner) or any other individual.

Can I file a lien as a professional designer?

The Texas Property Code states that an architect, engineer, or surveyor who prepare plans or plats must have a written contract with the owner or the owner's agent, trustee, or receiver in connection with the actual or proposed design, construction, or repair of improvements on real property or the location of the boundaries of real property can file lien on the property. In other words, any designer who prepares plans or plats under or by virtue of a contract with someone other than the owner is not entitled to file a lien on a property.

I filed a lien and I still didn’t get paid.

If you are unable to settle your dispute, you must seek the assistance of an attorney and file a lawsuit. Your lien rights will generally expire if a lawsuit to foreclose is not filed within 2 years of the last day you were able to file a lien under the rules, or within 1 year after completion, termination, or abandonment of the work under the original contract under which the lien is claimed, whichever is later.