South Carolina Assignment of Easements and Rights of Way

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Multi-State
Control #:
US-OG-513
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Word; 
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Description

This form provides for the assignment of easements and rights of way.

The South Carolina Assignment of Easements and Rights of Way refers to the legal document used to transfer or assign these rights from one party to another. An easement is a legal right to use someone else's property for a specific purpose, such as accessing a road or utility lines. Similarly, a right of way grants individuals or entities the authority to pass over another person's property. In South Carolina, there are various types of Assignment of Easements and Rights of Way, each serving a specific purpose based on the needs of the parties involved. Some key types include: 1. Utility Easement Assignment: This involves the transfer of rights and obligations related to utilities, such as electricity, gas, water, or sewage. Utility companies often require easements to access their infrastructures or maintain their services. Parties involved in utility easement assignments may include municipalities, service providers, or property owners. 2. Road or Access Easement Assignment: This type of assignment pertains to granting rights to use a specific path or roadway across a property. It could be between neighboring landowners, where one grants access to the other's property through an easement. This is common in cases where one property is landlocked and requires access to a public road or for shared driveways within a housing development. 3. Conservation Easement Assignment: Conservation organizations or government agencies may hold conservation easements to protect natural resources or preserve historical sites. These easements restrict the development or certain activities on the assigned properties. Assignments in this category may involve transferring or assigning the rights and responsibilities of these easements to other entities. 4. Recreational Easement Assignment: In certain cases, property owners may assign easements to allow public access to recreational areas such as hiking trails, fishing spots, or public parks. These easements promote recreational activities while protecting the property rights of the landowner. When drafting a South Carolina Assignment of Easements and Rights of Way, it is crucial to clearly outline the rights being granted, the purpose of the easement, any restrictions or obligations on both parties, and the duration for which the assignment is valid. The document must comply with all relevant laws and regulations in South Carolina. Note: It is advisable to consult an attorney or legal professional to ensure compliance and accuracy while drafting or entering into a South Carolina Assignment of Easements and Rights of Way.

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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.

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.

If you owe more on your mortgage than your home sells for at a foreclosure sale, the lender may ask for deficiency judgment against you, unless it specifically waived that right in writing prior to the sale. A deficiency judgment is also known as a personal judgment.

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".

State tax liens are active for 10 years. You cannot sell or refinance your property until you pay off your tax lien and receive a clear title.

A right of way is a type of easement or agreement that grants a utility the right to use, access or transit a piece of property ing to the terms of the easement.

5. SC Code § 29-6-30 requires an agency to pay to a contractor the undisputed amount of any pay request within 21 days of receipt of the pay request.

Briefly, a mortgagor defendant in a foreclosure action upon which deficiency judgment is rendered may within thirty days after the sale of the mortgaged property apply by verified petition to the Clerk of Court for an appraisal. S.C. Code Section 29-3-680.

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Oct 4, 2021 — Property purchased for the maintenance and operation of SCDOT will be indexed and will include the MSC number assigned by Accounting and the ... The “Rights of Way Acquisition Manual” was developed to provide SCDOT and consultant personnel uniform practices when conducting acquisition services for road ...Oct 25, 2022 — Doing some research and working with a real estate attorney will help you discover any easements so there are no surprises down the line. How an ... The department, for the purpose of acquiring property as authorized by Section 57-5-320, may condemn lands, rights-of-way, and easements of railroad, railway, ... Comments · Rural Land Purchasing: Know the Difference Between an Easement and Right of Way · SCDOT Carolina Crossroads Phase 2 Design ... ... easements, rights-of-way, permissions or fee simple title. If federal funding is involved, the Town may wish to apply for a HUD waiver so that the Town will ... Jul 9, 2020 — An express easement can be created by the execution of a deed or reservation recorded in the county's public records. An express easement can ... An easement is a non-possessory right of use over another's land that allows the holder to use another's property for a specific purpose. (f) Easement and Right-of-Way Deed: A legal document by which an easement or right-of-way, as defined herein, is granted by a property owner to the County. This ... The Grantor(s) hereby grants and conveys to Grantee, its successors and assigns, the perpetual right, privilege and authority to enter upon, construct, extend, ...

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South Carolina Assignment of Easements and Rights of Way