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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).
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.
Conservation easements (sometimes called preservation easements) are voluntary legal agreements that can be used to protect significant historic, archaeological, or cultural resources. If certain criteria are met, an owner who donates an easement may be eligible for tax benefits.