Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is ***** ***** I'll be glad to assist.
How long as the pipe been there?
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.
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.
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.