South Carolina Easement and Right of Way (For Roadway Allowing Access to Lands) is a legal provision that grants certain privileges and access to individuals or entities for the purpose of using or crossing another person's property for roadway access. These rights are significant and ensure that landowners have access to their property, especially in cases where their land is not adjacent to a public road. In South Carolina, there are primarily three types of easements and rights of way that pertain specifically to roadway access: 1. Affirmative Easement: This is a type of easement that allows a person or entity to access another person's property for the purpose of using or crossing it for roadway access. Affirmative easements can be granted by the landowner to an individual, such as a neighbor, or to a commercial entity, such as a utility or telecommunications provider. 2. Negative Easement: A negative easement, also known as a conservation easement, prohibits certain activities or developments on a property to maintain its natural state or protect specific resources. While not directly related to roadway access, it may have an impact on the design and maintenance of roadways and rights of way. 3. Prescriptive Easement: This type of easement is acquired by continuous, uninterrupted, and open use of another person's property for a specific period without the owner's permission. In South Carolina, prescriptive easements for roadway access may be established if certain criteria are met, such as the use being visible, open, notorious, and hostile (without the owner's consent). It is important to note that South Carolina law explicitly recognizes these easements and rights of way, highlighting the importance of protecting and respecting road access for landowners. These legal provisions ensure that property owners have the necessary access and convenience required for the beneficial use and enjoyment of their land, even if it means crossing or utilizing someone else's property for roadway access. In conclusion, the South Carolina Easement and Right of Way (For Roadway Allowing Access to Lands) encompasses various types of easements, including affirmative, negative, and prescriptive easements. These provisions safeguard the rights of landowners to access their properties conveniently, especially when adjacent to public roads.
South Carolina Easement and Right of Way (For Roadway Allowing Access to Lands)
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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. There are different types of implied easements by necessity and by prior use.
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.
Section 56-5-750 to read in peninent part as follows: Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light.
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.
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.
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.
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.
