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I own property in SC. there is a 36 inch pipe that drains

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excess water from retention ponds and...
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: 2 years ago.Category: Real Estate Law
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11/5/2015
Real Estate Lawyer: Roger, Lawyer replied 2 years ago
Roger
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Hi - my name is ***** ***** I'll be glad to assist.

How long as the pipe been there?

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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Real Estate Lawyer: Roger, Lawyer replied 2 years 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.

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