South Carolina Agreement between Adjoining Owners Creating Easement for Common Driveway
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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 legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.
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.
Three elements are required in South Carolina to establish a prescriptive easement by clear and convincing evidence: The continued and uninterrupted use or enjoyment of the right for a period of 20 years. The identity of the thing enjoyed (for example, a power line or a water line).
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.