South Carolina Subordinaton of Mortgage Lien to Easement and Right of Way
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How to fill out Subordinaton Of Mortgage Lien To Easement And Right Of Way?
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FAQ
The lienholder should file a petition with the Court of Common Pleas for the county in which the property is located containing a statement of the contract on which the lien is based, the amount due, a description of the property subject to the lien and ?all other material facts and circumstances.? S.C.
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.
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
You technically have the right to deny an easement 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.
SECTION 29-3-330. Methods of satisfaction or release of security interest; affidavit. (A) In this section these words shall have the following meaning: (1) "Mortgage" means a lien against real property that is granted to secure the payment of money; a deed of trust must be given the same meaning as a "mortgage".
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.
