What is the legal description of a property and where do I find it?

› What is the legal description of a property and where do I find it?

The legal description is a record of the real property (piece of land) that contains information that clearly identifies it such as property dimensions and boundaries. This description can be written in a few different forms and will typically appear on sales contracts and the property deed.
If it is not printed in the contract or blueprints, it can be found in the “Property Search” section of each individual county.
Instructions on how to find the legal description of a property

Do condominium and pre-designed (spec) homes qualify as Residential Projects?

Condominiums and spec homes are only residential construction projects if they have been purchased by the person owner who is going to occupy them live there before the beginning of construction. In other words, if the owner of a lot hires a contractor to build a house but is not going to live there, then it is considered to be a commercial construction project. But if the owner of the lot will actually live in the house under construction, then it is considered to be a residential construction project.

Do I have to file a lien for each month I don’t get paid?

Yes. If you think about it, you could get paid the balance of one month but not others. Then you would be required to release the lien for the amount that was paid but would have lost your rights for the other months. It is always better to secure your rights in all forms possible by using the tools created to protect you.

Do I have to file a lien release if I am still owed money on the project?

If you have been paid for the month you filed a lien on a property and you received the request to release the lien, then you should sign a lien release. However, if you are still owed for more months and filed a lien(s) for them as well, those liens should remain in place until the balance gets paid.

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.

Should a Pre-lien Notice Letter be notarized and filed with the Property Records?

No. The notices do not need to be notarized and should only be mailed to the Project Owner and the General Contractor through the U.S. Postal Service. However, they must be sent Via Return Receipt Requested (RRR) and the sender should retain the receipt as proof. Texas Easy Lien also recommends to all sub-subcontractors (2nd Tier contractors) to send a copy of these notices to all subcontractors above involved.