Driveway Easement Austin, TX

[Zain Malik]

I own a townhome in 78704 - one in a row of 5. There is a driveway that runs at the end of one and wraps around to the back where we all have carports.

Someone recently contacted our HOA saying they purchased the lot that the driveway is on and build on it. But that will block the driveway easement we have in place and we won't be able to access our carports. And of course, their survey is different than the one we have in our HOA docs.

 In our subdivision, it is listed as a separate lot with a driveway/common area easement. We had no idea it was even up for sale or that they could build on it.

It's a small lot 3100 sq feet so I don't think it's possible they can build and provide a driveway easement for us to access our carports.

FWIW the townhomes were built in 1973. My neighbor - the closest to the driveway - has a survey from 2016 showing the easement. Also, it appears the buyer got it in a foreclosure sale from Travis County https://stage.travis.prodigyca...

Any thoughts/suggestions?

Can they get away with this? Really worried, we won't have access to my carport and will all be reduced to street parking.

[Jerel Ehlert]

@Bryan Noth Thanks!

Interesting set of facts. Lots of moving parts. Looks like the lot was held by the Travis County Trustee from a constable's sale in 2011. Thing to find is the recorded easement. There are quite a few ways this might turn out, but the key is to act before they start blocking and building. Happy to help. If not me, then the HOA as a whole needs to act quickly. Your collective rights have limits on what you can do the longer it continues.