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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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Is there a Grandfather Law in existance for south carolina

Customer Question

Is there a Grandfather Law in existance for south carolina and where can I find out where to get a copy or information on such
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your question.

May I ask, a grandfather clause pertaining to what exactly?
Customer: replied 5 years ago.
My landlord gave me rules/regulations stating I need in writting from him to keep my fence.(fence there for 10yrs new owner only3yrs owning park). He wants proof of insurance on pool of which I have. I need ok in writting from him to keep fence to keep insurance, he refuses to write letter. Help
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your follow-up.

So just to be clear, you want to find out if your swimming pool is grandfathered on the premises? And until you provide him with such a regulation, he is unwilling to write a letter for you regarding the fence?
Customer: replied 5 years ago.
NO He wants insurance proof-I need in writting from him to keep my fence for insurance company to keep coverage on the pool. Fence was here for 10 yr. This owner took over 3yrs ago. Grandfather law so he doesn't make me take down the fence,or anything else I accumilated over the 10yrs.
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your follow-up.

My apologies but that is not what a grandfather clause does. First of all there is no such thing as one "Grandfather law"; a particular law may have a grandfather clause that would protect previous instances of individuals who utilized that law when it was valid. This is very popular in zoning regulations so that new property does not have to be rebuilt each time a new law is put on the books, and exists in many criminal matters so that a person cannot be punished for more than he was entitled to if the law is strengthened in the future.

Second of all, anything you put up on someone else's property is not yours. Since this is your landlord speaking, your landlord has the right to compel you to remove any personal items or improvements to the land at any time if the landlord did not consent to you initially in putting up that improvement. That land is not yours and therefore it is always the landlord's final word as to what can or cannot exist on the property. As a consequence if the new landlord requires that you remove the fence or remove the pool, you are obligated to comply unless there is something in writing from the previous owner where it is expressly stated you are permitted to create such a modification to the property.

Good luck.
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Customer: replied 5 years ago.
Isn't a verbal contract just as binding as a written
Expert:  Dimitry Esquire replied 5 years ago.
Thank you for your follow-up.

The answer is yes but a verbal contract is much harder to prove that it existed. Therefore if both agreed that there was a verbal contract and that both agreed as to what the terms and the scope of the contract were, the contract is binding. If one party claims there was a contract and the other party claims otherwise, without any sort of written proof the courts will likely find that there was no agreement simply because there's no evidence of such terms.

Good luck.
Customer: replied 5 years ago.
you didn't tell me where I can find this grandfather clause pertaining to this
Expert:  Dimitry Esquire replied 5 years ago.
There is no grandfather clause pertaining to this. Such a law does not exist as a global law. A specific statute or law may have a clause that grandfathered past changes but that is not a global regulation or rule.

Good luck.

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