(a) If a lien, other than a lien granted by the owner in a written contract, is fixed or is attempted to be fixed by a recorded instrument under this chapter, any person may file a bond to indemnify against the lien.
(b) The bond shall be filed with the county clerk of the county in which the property subject to the lien is located.

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Terms Used In Texas Property Code 53.171

  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A mechanic’s lien claim against an owner’s property is discharged after:
(1) a bond that complies with § 53.172 is filed;
(2) the notice of the bond is issued as provided by § 53.173; and
(3) the bond and notice are recorded as provided by § 53.174.