Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What are my easement rights if it deadends on my property…

What are my easement...

What are my easement rights if it deadends on my property and I am Only person whom uses it, as well

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Carolina

Lawyer's Assistant: Has any paperwork been filed?

Only with original mortgage

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Since the last owner purchased my life has been in turmoil because I live on a county maintained road. Now the easement is being used for rain runoff on road. I have ingress/egress(sp) of 50ft x 100ft but can't put up any private drive sign or anything. Purchased Property in 1999, so wandering if since I am ONLY person using easement; there is road frontage to rest of land owned by other party, so won't need to use easement. I am on LIMITED INCOME and am at my wits in on this matter.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 3 minutes by:
3/8/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Who owns the underlying land that the easement is on?

.

Are you saying you have an easement to cross over someone else's land and they are interfering with your easement rights by damaging the road?

..

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Easement & Surrounding land was sold to Melissa McCutcheon approx 6-7 yrs ago. When purchased her husband took tractor & what we thought was fixing easement to very edge of property line however it loosened the packed dirt @ time & I've had ISSUES w it washing out ever since. Owner works for a Judge in our county & sent me(my wife) a certified/return signature letter forbidding future contact in regards ***** ***** because my wife asked her husband when they were going to fix my driveway 1 time. Also, the county has changed the lay of maintained road so ALL rain enters easement from both sides. I've contacted County Council before several times. If washes out really bad- county will fix holes on road only & I have to arrange for all other necessary work as is my Only way to & from land

Ok, so are you saying that the neighbor's actions in working on their land has caused the drainage and runoff to damage your land?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
over the years but I'm more interested in like taking ownership of easement since we r ONLY ppl who use it...I mean they can't do anything to it & I'd really like to put up a PRIVATE DRIVE sign Legally. I am now having problems with neighbor on other side of property standing/walking while yelling obscenely. She knows it's not my property & I've notified Landowner of harrassment. Someone told me that if we're only 1s that gave used it in over like 20 yes that I can take it from owner & attach it to land that I own. Is that correct?
This is MAIN ? that I'd like answered.

You can't cut off someone else's easement rights even if you are the only one who use it as it is a property right. So even if they don't use it for years, it is still their right to do so.

.

The only way you could try and claim legal ownership of that land would be to completely block it off, like with a gate, and prevent the underlying landowner from entering it at all.. Then if you can do so for 20 years, and keep them from suing you to remove the gate, then you can claim legal ownership under "adverse possession". In South Carolina the period of time for adverse possession must be at least twenty (20) years. See South Carolina Code §15-67-210 through 260.

.

But your recourse here if they are damaging your property with their actions is to sue them for "private nuisance". A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

.

If they are damaging your property, you can sue for the cost of any repairs and for injunctive action to have a judge order them to take actions to stop any future damage.

.

As for the crazy neighbor, I would suggest recording their actions on a cell phone and then filing a formal complaint for harassment if they are just doing this to disturb and annoy you and then seek a restraining order for them to have no contact with you.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
The adverse possession is what I was referring too. I have 1 more year & the 20yrs will b up. Like I said, we r the only ppl that use it as it deadends on my property & the rest of plat has @ the very least 300ft of county road frontage for access. The only time owner has entered that part of plat is to turn tractor around, but has room to without it, so not necessaTHANK YOU.

Well the thing about adverse possession is you have to make it crystal clear that you are preventing the legal owner from using it at all.... that is why I said you have to do something like put up a fence.. Them merely not using it won't extinguish it.. .you have to actually be in "hostile" possession of it, meaning that you are affirmatively preventing them from entering..

.

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
Sir, I've sincereseaeched the code you provided & 2 sites say it's 10yrs in SC. I'm not allowed by law to put up fence / plant flowers / etc., because don't own, but you are saying I have to be hostile, in regards, ***** ***** possession Correct? We're trying to move, but I'd like to be able to sell with driveway and not easement. All neighbors are Xwife family & situation is volatile. Since she works for Judge, They KNOW exactly how far to push the situation without consequence. I just found out last year why the LAW wouldn't do anything to help me. It was in their system that I had 4r more DUIs, WHICH WAS ERROR; so everytime I'd call they thought I was drinking, I guess because Officer told me that if I called again I'd go to jail. (This part pertains to Wife, Sheila) This clerical error has since supposedly been corrected by FCSO, so I could get CWP. Whole different ISSUE.
Customer reply replied 4 months ago
She, is LANDOWNER, that works for Judge.
Customer reply replied 4 months ago
If I lived here for 10yrs without prior Landowner entering easement 1999-2009, then could I do adverse possession . I mean if current landower purchased after 2009, then I KNOW for 10yrs I (mine) were ONLY using easement & had treeline on both sides blocking entrance to drive.

Sorry that was my typo... But if you look under 260.. you actually have to do something, like fence it or cultivate it (as with farmland).

.

The whole point is that you are legally stealing someone else's land by trespassing for a set amount of time and preventing the true owner from entering it..

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,576
42,576 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

42,576 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a 40' wide easement on someone's private property.
Hi I have a 40' wide easement on someone's private property. The easement abits my property The easement is for road purposes. There currently exists a*****that runs along the centerish of the easemen… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,576 satisfied customers
My neighbor seems to think he owns the road we live on. When
My neighbor seems to think he owns the road we live on. When the property was subdivided into 4 plats a 50' right of way was given for ingress,egress and utility access. Our neighbor tells us he can h… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
Pearl, I own one side of a private road my property extends
Hi Pearl, I own one side of a private road my property extends to the middle of the road the road is a*****base and the easement is a 50ft easement. Is it legal for me to place my fence within the 50f… read more
KLAW
KLAW
Juris Doctorate
2,273 satisfied customers
have 50 foot wide private easement running across my land to
have 50 foot wide private easement running across my land to allow ingress/egress to another landowner. Built new house that fronts the easement and about 20 feet of front yard lies in the 50 ft. ease… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We have lived in this house for 12 years and we have an existing
We have lived in this house for 12 years and we have an existing easement from previous owner. We never met the owner of the land who granted the easement so we maintained drive for all 12 years. We b… read more
Barrister
Barrister
Lawyer
Doctoral Degree
42,576 satisfied customers
Who is responsible for maintenance on a road that is on private
Who is responsible for maintenance on a road that is on private property but has a public easement and is used by many people who do not live on the road?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
I have land that has been passed down in the family. It appears
I have land that has been passed down in the family. It appears we are landlocked. my question is: there is a 50ft utility easement that leads to my property. Can I use this for ingress/egress in Ohio… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
we have a 50ft x 650ft easement to our home. Can it be fenced
we have a 50ft x 650ft easement to our home. Can it be fenced partly or totaly without our permission?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Does an easement, egress/ingress or road right of way give
Does an easement, egress/ingress or road right of way give anyone but the property owner the right to erect a building or erect a ramp on the property? Mind you the easement ect. is only on one side o… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Hello - I bought an 1/2 acre lot that was originally part of
Hello - I bought an 1/2 acre lot that was originally part of a 3 acre parcel. The remaining 2 and 1/2 acres have now sold to an adjoining property owner. I am now being told the new owner has an impli… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a ingress and egress on my property that is from point
I have a ingress and egress on my property that is from point A to point B (275ft) that 2 other lawn owners use to get to there property. My questions 1) since google maps show a road leading into the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
easement egress amount of property We own land on a lake .
easement egress amount of property We own land on a lake . Th lake association we belong to has a "private easement " called outlot 2 which shows the road and a small lot for access to the water. They… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Not sure if this is the correct category. I live on a gravel
Not sure if this is the correct category. I live on a gravel road that is not maintained by clackamas county oregon. My address is 16555 S Copley Court, Oregon City OR 97045. The road that boarders my… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
One year after the sale of my road frontage lot, I granted
One year after the sale of my road frontage lot, I granted the buyer ingress/regress only rights to my 30'x250' drive. He must pave 11'min, and maintain in order to use. I want the drive kept clear an… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
We purchased a piece of property and are building a house.
We purchased a piece of property and are building a house. Our nextdoor neighbor is the grantor. The parcel of land we are building our house on has a pre-existing driveway that we are not planning to… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We purchased property 1 acre off the highway 20 years ago.
We purchased property 1 acre off the highway 20 years ago. Paid it off in 1992. Trying to get a mortgage now, they said my title work shows a 71/2 ft easement " for ingress & egress" on the south side… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I am purchasing a home in NJ on a 50 x 82 lot that has an
I am purchasing a home in NJ on a 50' x 82' lot that has an exsisting 45 year old home landlocked to the rear on a 18' x 50' lot. If the homeowner of 5 years on the landlocked property has an easement… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
My property is land locked.I have a rightaway accross to mine.Do
My property is land locked.I have a rightaway accross to mine.Do I have to let the people I go accross use it?Or since they have the road frontage can I make them build their own driveway instead of m… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x