illegal installation of water line in driveway

[mtazmith]

I live in Arkansas. One of our neighbors has buried their water line down the middle of our driveway without permission. I own the land and have maintained the driveway for over 10 years. There is no specific easement regarding the use of the driveway. All neighbors on the driveway have had "implied, limited" easement regarding egress and ingress.
Can I notify the neighbors in writing to remove the water line as it encumbers roadwork and upkeep of the driveway? If they agree to remove the line, what is deemed "reasonable" in regard to the time allowed for the removal? If they refuse, can I legally remove the line myself?

[drewguy]

Which of the two posts you made with this question to you want answered?

If the easement does not allow for water lines, then it is not allowed. You could send him a letter requesting removal within a reasonable period. Since it is damaged, it will need to be replaced/repaired anyway, but if it were me I would have said to move it next time you repair the road (when the pipe would be damaged).

[mtazmith]

Thank you for your response. Have repaired line. Plan to have more work done and a new road base applied. Will notify neighbor, but - what constitutes "reasonable" for a time to remove line? We have been inundated with heavy rains and as soon as it dries out (before the next rain onslaught) the road needs to be tended to.

[drewguy]

Originally Posted by mtazmith

Thank you for your response. Have repaired line. Plan to have more work done and a new road base applied. Will notify neighbor, but - what constitutes "reasonable" for a time to remove line? We have been inundated with heavy rains and as soon as it dries out (before the next rain onslaught) the road needs to be tended to.

I don't think there's a set period. Technically he should remove it right away, and you could do so to. But if you do that you run the risk of causing some sort of damages (no water) or accusations of "stealing" his property (the pipe). By giving him 30-60 days you have an easier time avoiding that by being able to point to a request that gave him time to correct the situation before you took action.

I would give him a deadline that works with your repair plans. Tell him your schedule and that the line may be damaged again unless he removes it, and you won't take responsibility.

Or consider selling him an easement for the pipe. That may be more productive for everyone.

[FarmerJ]

Just out of curiousity have you researched your city/county permit desk for his and your address to see if they have any record at all of exactly where the line was installed , what year and if they can tell you at one point if the two lots were a larger one then later on split up? if your able to get the information if nothing else it could help you understand how this line ended up on what is now your land and the information could be of use when the time comes to see a real estate atty for advice.