The South Carolina Easement and Agreement for Highway Purposes is a legally binding document that grants a designated entity the right to access and use a specific portion of private property for the creation, maintenance, or expansion of highways or transportation infrastructure. This agreement is essential to ensure the smooth functioning and development of South Carolina's transportation network while respecting the rights of property owners. One type of South Carolina Easement and Agreement for Highway Purposes is the Permanent Easement. This agreement provides a long-term solution, allowing the entity to possess a permanent right to utilize the specified land parcel for highway purposes. It typically includes conditions such as maintenance responsibilities, compensation or monetary considerations, as well as the rights retained by landowners. Another type is the Temporary Easement Agreement. This agreement involves granting a temporary right to use the property for a specific duration, usually during the construction, expansion, or repair of highways or related infrastructure. A temporary easement provides access for machinery, equipment, construction materials, or workers for a specified period, after which the land should be restored to pre-agreement conditions. For both types of agreements, it is crucial to ensure fair compensation to the landowner. Compensation may vary depending on factors such as the area of land affected, the duration of the easement, and the potential impact on the property value. Landowners have the right to negotiate and receive appropriate and just compensation for any easement granted. The South Carolina Easement and Agreement for Highway Purposes allow the state's transportation department or relevant governmental bodies to fulfill their responsibilities in maintaining and expanding safe and efficient highways. These agreements are designed to balance the public interest for accessible transportation with the rights and interests of private landowners. It is important for landowners approached with such agreements to familiarize themselves with the specific terms and conditions included. Seeking legal advice is recommended to ensure a thorough understanding of their rights, obligations, and the potential impact on their property. Similarly, governmental bodies must adhere to established legal protocols while negotiating and executing these agreements in order to ensure transparency and fairness in the process.
South Carolina Easement and Agreement for Highway Purposes
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FAQ
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.
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 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.
To determine if your road is maintained by the state, go to SCDOT's free Street Finder tool. You may also contact the SCDOT Customer Service Center Monday-Friday from am-pm at 1-855-GO-SCDOT to see if your road is a state road.
In order to establish that there is an easement by prescription, the seeker of the easement must demonstrate(1) continuous use of the subservient estate, (2) for a statutory period, (3) that was open and notorious, and (4) hostile.
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.
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. This works very well when there is a single property using the easement.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.