Practice Area

HOA Easement Dispute — When the Association Claims a Right Over Your Property

Texas Property Code · Texas Courts

Situation — How This Comes Up

My HOA is claiming an easement over part of my lot for drainage purposes that I never agreed to.

What You Need to Know First

HOA easement rights must be created by the Declaration, recorded plat, or separate easement instrument. An HOA that claims easement rights without a proper legal basis is trespassing — and you have the right to challenge that claim.

Full Analysis

HOA easement rights in Texas must be created by a recorded instrument — the Declaration, the plat, or a separately recorded easement. An HOA that exercises rights over private lot areas without a valid easement is committing a trespass, and the owner can seek damages and injunctive relief.

← Back to Resource Library

Facing This Issue Right Now?

Your situation deserves direct analysis.

Fifteen minutes is all it takes to understand your options and the next right move. No obligation. No intake coordinator. A direct conversation.

832-456-4371 · [email protected]

The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480