Texas Commercial Law Firm

An improvement is “removable” if it can be removed without material injury to itself or to the realty to which it is attached. Therefore, items normally associated with becoming part of the land once installed, such as fixtures, remain subject to M&M liens so long as they fit the removable criteria. Texas cases have variously found carpeting, appliances, air conditioning and heating components, smoke detectors, burglar alarms, light fixtures, door locks, doors and door trim, and windows to be removable. Items held not to be removable once installed include brick veneer, roofing tiles and window frames. Surprisingly, an M&M lien claimant is not necessarily limited to asserting his rights against removable items he installed. Some cases and commentators, as well as the controlling statute itself, suggest that a claimant may be entitled to “self-help” even as to removables supplied by others.