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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33735
Experience:  Began practicing law in 1992
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I am one of many heirs to property purchased by my

Customer Question

I am one of many heirs to property purchased by my grandfather in 1959. The property is divided by a body of wetland situated between our property and a property owner on the other side. The other property owner has interest to develop the entire wetland area adjacent to our land for recreational use. They have offered money to secure that privilege. They also states that they have a deed to the wetland acreage. Absolutely no agreement has been made on our part. My question... as it stands, what rights do we the heirs, as property owners, have in any use of this wetland area according to South Carolina law?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I'm confused by your facts. If he has a deed to it, then you have no rights. Yo don't indicate anywhere in the facts that your grandfather owned the property or that the deed the other person has isn't valid. Are you relying on something else as to your rights?

Customer: replied 1 year ago.
First of all, there is a recorded deed to my grandfather's property (dryland). There is a survey plat that shows the property line extends 11 acres into the wetland. They say they have a "deed" to all of the wetland. This has not been verified. Why must you offer payment for something you already own? We believe the survey document prompted them to approach us in the first place. If there is no valid deed on there part, do we have any rights to the use of a part of the wetland?
Expert:  Dwayne B. replied 1 year ago.

It depends. If s survey shows that you and he other heirs own part of the wetlands then you would have a right to use that part.

A deed only conveys whatever property is owned by the person signing the deed. If they don't own anything then they didn't convey anything by signing the deed. I could sign a deed giving the White House to someone else btu since I don't own the White House then they wouldn't actually own it either.

It sounds like what you need to do is get a lawyer to run a title search on the land and possibly even get a survey done.