An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
South Carolina General Right-of-Way Instrument
State:
Multi-State
Control #:
US-00497
Format:
Word;
Rich Text
Instant download
Description
This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.
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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.
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.
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.
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.
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.
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.
Conservation easements (sometimes called preservation easements) are voluntary legal agreements that can be used to protect significant historic, archaeological, or cultural resources. If certain criteria are met, an owner who donates an easement may be eligible for tax benefits.
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.