The South Carolina Amendment to Easement (Pipeline Easement — Short Form) is a legal document used to modify an existing easement agreement related to the installation and operation of pipelines on a particular property in South Carolina. This amendment is designed to accommodate changes, adjustments, or additional terms that need to be addressed after the original easement agreement has been executed. Keywords: South Carolina, Amendment to Easement, Pipeline Easement, Short Form, legal document, modify, existing easement agreement, installation, operation, property. Types of South Carolina Amendment to Easement (Pipeline Easement — Short Form): 1. Revision Amendment: A revision amendment to the South Carolina Easement Agreement is made when changes or modifications need to be made to the original agreement. This can be due to altering the pipeline route, adjusting the terms related to land usage, or incorporating additional clauses to address unforeseen circumstances. 2. Extension Amendment: An extension amendment is utilized when the pipeline operator requires additional time or a prolonged period to fulfill the purposes of the easement agreement. This could be necessary if construction delays or unforeseen circumstances have occurred, warranting an extension of the timeline stated in the original agreement. 3. Termination Amendment: A termination amendment to the South Carolina Easement Agreement is employed when the parties involved mutually agree to terminate the easement before the expiration date outlined in the original agreement. This may occur due to changes in circumstances, the completion of pipeline operations, or other considerations agreed upon by both parties. 4. Compensation Amendment: A compensation amendment is used when the parties involved wish to revise the terms related to financial compensation provided to the property owner in association with the easement. This could involve modifying payment schedules, adjusting the amount of compensation, or other financial terms that need to be revised. It is essential to consult with legal professionals or specific local authorities in South Carolina to ensure that any amendment to the easement agreement complies with state-specific laws and regulations.
South Carolina Amendment to Easement (Pipeline Easement - Short Form)
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The pipeline company typically pays the landowner in price per foot or per acre for farm land of the property that the pipeline passes. The price is based on the length of the easement. Some companies offer prices based on linear rod, not linear foot.
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.
Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
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.