South Carolina Easement or Right of Way for Access to Property
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How to fill out Easement Or Right Of Way For Access To Property?
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FAQ
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
The servient easement is generally not permitted to interfere with an affirmative easement right. However, having an easement right over another's land is not the same as ownership, and there are a variety of ways the easement can be terminated and lost forever.
To establish a prescriptive easement, there must be continued and uninterrupted use or enjoyment of the right for a period of twenty years, identity of the thing enjoyed must be proven, and use must be adverse or under claim of right. Horry County v. Laychur, 315 S.C.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
In South Carolina, there are two general types of easements: expressed and implied. Express easements are written and created by contract, deed or another kind of writing. South Carolina has recognized easements by implication. There are different types of implied easements by necessity and by prior use.
A conservation easement is a legal agreement used to permanently protect a property from residential and commercial development. In legal terms, it is the granting of the conservation values of a property to a land trust so that they may protect and steward those values along with the landowner.