One form of conflict that may be witnessed in properties is boundary and easement conflict which can lead to so much frustration, conflict, and even expensive legal cases.
In any case, it is necessary to settle such issues, which involve misunderstanding of the boundaries or other aspects of property and conflicts about rights of way.
These are some of the issues regulated by specific laws in South Carolina that every property owner needs to know.
In this blog, I’ll explain what causes boundary and easement problems, the laws that govern them, and what you can do to resolve them.
Points of Discussion about the Definition of Boundaries
Boundaries can also be confused, created mistakenly, or due to a disagreement between property owners.
Some common causes include:
Incomplete or out-of-date property deeds
Several disputes arise from the fact that some of the deeds contain ambiguous descriptions of properties or discrepancies in their physical features.
Encroachments
Any construction like a fence, driveway or a building that goes into a neighbor’s compound can cause problems.
Survey Discrepancies
The surveys can be conflicting, hence, generating confusion regarding the property lines.
Adverse Possession Claims
Occasionally one of the parties can claim the right of ownership to a part of the land on the basis of long occupation.
Natural Changes
Any change that occurs in the physical environment that borders one group from another may cause conflict due to the change of territory.
Knowing these is the initial step in managing conflicts well and preserving good relations with other residents.
Understanding Easements
Easements are rights in real property that grant one person the privilege to pass over or make some limited use of the land of another.
Though they are created to allow people to coexist and access each other’s property, easements can sometimes be a subject of controversy.
In general, it is important for property owners to know the various types of easements and what they mean in South Carolina.
Types of Easements
The Types of Easements include:
Prescriptive Easements
Emerging from the long-term, persistent occupation of a property without the consent of the owner of the property.
Utility Easements
Grant utilities permission to cross private property to place or to service such things as power lines or pipelines.
Easement by Necessity
Established where it is necessary to get to a piece of property that is situated in a landlocked area.
Common Easement Disputes
- Conflicts between the parties over the type or size of the easement rights.
- Invasion of the easement area by the owner or third party for other uses different from those agreed upon.
- Anything that adversely interferes with the use of the easement for which it was granted.
This paper aims to analyze easements and the problems that may arise around such relations in order to help property owners be prepared for possible conflicts.
Legal Measures for Dispute Management
In South Carolina, the owners of properties that have some form of disagreement on the boundaries and usage of easements have to use the laws and regulations to do so.
When informal efforts don’t resolve the dispute, consult a property attorney. Legal guidance is essential before taking formal legal action.
State Property Laws
Property laws of South Carolina cover matters to do with ownership and possession of land, demarcation of boundaries as well as the creation of servitudes.
These laws define the legal obligations and legal entitlements of the property owners.
Role of Property Deeds
The acts are important with regard to drawing and demarcation of property boundaries as well as recording of easements.
Deed analysis can help provide a clear understanding of ownership and rights of access to property.
Importance of Surveys
Maps of property boundaries can be obtained from surveys and plats done by licensed surveyors.
They are commonly tendered as part of evidence in any controversy.
Adverse Possession
South Carolina has adverse possession under which someone may gain ownership of land through open, exclusive, and continuous use for the statutorily prescribed period.
The knowledge of these legal principles helps property owners who are in one way or another involved in a dispute, in handling the case through negotiation, mediation, or even litigation.
The Role of a Property Attorney in South Carolina
Disputes involving boundaries and easements can easily develop into rather intricate, therefore consultation with a professional property lawyer is highly recommended.
Legal representatives can assist with the complexities of property law and represent your best interest to the best of their ability.
Legal Advice and Strategy
Our property attorney can look at deeds, surveys, and easement agreements to determine one’s position and what needs to be done.
Negotiation and Mediation
Our lawyers also act as negotiators for parties in disputes to find other ways of solving their problems than going to court.
Representation in Litigation
If the disputes get out of hand, our property attorney can act on your behalf in court and provide the evidence that proves you own the property.
Drawing and Redrafting of Agreements
In order to avoid such issues in the future, our attorney can prepare or review easement agreements and boundary adjustments.
Property attorneys are very useful since they are able to avoid and solve conflicts in the best way possible and protect property rights.
Do not take a chance with your property disputes. Max Hyde Law Firm is here to help you! Call us at (864) 804-6330 for a free consultation. The attorneys at Max Hyde Law Firm can explain how the property law applies in your state and assist you with the process.
