South Carolina Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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.
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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.

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. What Can You Do to Save Your Easement from Destruction? kloklaw.com ? what-can-you-do-to-save-your-eas... kloklaw.com ? what-can-you-do-to-save-your-eas...

After an easement is closed, it is deed stamped and recorded with the county and becomes permanently ?attached? to the deed of ownership. The easement will not affect ownership of the property, but it will transfer with the deed to all future owners.

Right-of-way easements Right-of-way easements One of the most common types of easements, a right-of-way easement, allows individuals or groups to pass through your property. This type of easement usually arises when your property is in between a public road and another property, which does not have direct access to the road. What are the types of commercial property easements? bdgfirm.com ? blog ? 2023/08 ? what-are-t... bdgfirm.com ? blog ? 2023/08 ? what-are-t...

(2) Where provided along side or rear lot lines, utility easements shall be not less than 20 feet in width. § 156.045 EASEMENTS. - American Legal Publishing amlegal.com ? latest ? camden_sc amlegal.com ? latest ? camden_sc

Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

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South Carolina Utility Easement