South Carolina Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)
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FAQ
Right-of-way defined. "Right-of-way" is the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
Roads without curb and gutter shall have a minimum right-of-way of sixty-six (66) feet, although curb and gutters shall be installed on all paved roads unless the county engineer determines that another system is acceptable.
In traffic law, right of way is the right to proceed; also, ?right-of-way.? Many state statutes lay out various circumstances when drivers must yield the right of way, and most states grant pedestrians the right of way.
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.
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 9, TITLE 58 SO AS TO CREATE THE "BROADBAND ACCESSIBILITY ACT", TO, AMONG OTHER THINGS, SET FORTH THE BROADBAND AUTHORITY OF ELECTRIC COOPERATIVES AND TO SET FORTH THE MANNER IN WHICH BROADBAND NETWORKS ARE CONSTRUCTED; TO AMEND ...
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.
An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic.
