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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110397
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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A waterline easement given to an individual and the

Customer Question

a waterline easement given to an individual and the individual dies is the easement still legal for the new owner and is it enforceable?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: south carolina
JA: Has any paperwork been filed?
Customer: yes and is recorded on the deed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
How exactly is the waterline easement written AND is it filed with the deed?
Customer: replied 1 month ago.
Stare of SouthCarolina CHEEROKEE COUNTY
5' WATERLINE EASEMENT for Henry Randolph, being portion of lot 1 PB:C126 at page 8, (163 pumping station road).
(this info is on the deed)
Customer: replied 1 month ago.
as recorded on the deed MAP. 200800002947, filed for record on Cherokee County SC Brandy W McBee 05-27-2008 Plat MED 15.00 DR Volume 18 page 2056-2046
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
If the deed states specifically it is "For Henry Randolph..." then this is arguably a personal easement because it does not specify the easement is granted to the land. Generally, an easement flows with the land when it states that it is granted to the land, the owner their heirs and/or assigns. However, if it simply says it was granted to one person and there is no language about heirs and/or assigns, then when that person dies, the easement dies with them as a personal easement.

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