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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31564
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I own property in SC. there is a 36 inch pipe that drains

Customer Question

I own property in SC. there is a 36 inch pipe that drains excess water from retention ponds
and street water thru this pipe too the intra coastal waterway. the HOA that owns pipe
has no easement for it on my property. I want to charge the HOA for use of my property or
have it removed by them. thank you Jim
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

How long as the pipe been there?

Expert:  Roger replied 1 year ago.

The reason I ask is because under SC law, it could be possible that the HOA (and its successors) has obtained an easement by prescription. Under SC law, "to establish a prescriptive easement, one must show: (1) continued use for 20 years, (2) the identity of the thing enjoyed, and (3) use which is adverse or under claim of right." Pittman v. Lowther, 355 S.C. 536.

Expert:  Roger replied 1 year ago.

Thus, if the pipe has been there for 20 years or more, there's likely nothing you can do legally because of the easement being obtained under the law of prescriptive easements.

Expert:  Roger replied 1 year ago.

But, if the pipe has not been there for this long, then you would have a right to give the HOA notice that its pipe is encroaching on your property and demand that they remove it or pay you for the continued use.