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: 41,037
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 1 month 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 1 month 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 1 month 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 1 month 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 1 month ago
She, is LANDOWNER, that works for Judge.
Customer reply replied 1 month 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: 41,037
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?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,037
41,037 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,037 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I am in Fresno County CA. My neighbor has an easement
I am in Fresno County CA. My neighbor has an easement through my property including a bridge over a creek to get to his property. He and his family exclusively use the bridge as it is past my house. D… read more
Barrister
Barrister
Lawyer
41,037 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
Richard
Richard
Owner
Doctoral Degree
4,489 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have some real estate law concerns, for WA state. I'm the
Hello! I have some real estate law concerns, for WA state. I'm the personal rep for my late father and have 2 other siblings, also included in this. My father left some 34.5 acres of property to us, w… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,028 satisfied customers
I need atty to sue nuisance neighbor. city has not enforced
i need atty to sue nuisance neighbor. city has not enforced code violations against neighbor for 6 years. neighbor has trashed property, hobos living in cars, no electricity or bathroom for bums livin… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Real estate or propertyquestion. Az. My neighbor. Built a
My neighbor. Built a wall and car Ramada , partly on his neighbors property. The wall benefits both and he said neighbor said ok… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
I have a real estate question. I inherited a mortgaged home
I have a real estate question. I inherited a mortgaged home in the state of Florida. Probate has already taken place and the deed is in my name. Queston is will the mortgage company give me a hard tim… read more
Loren
Loren
542 satisfied customers
I own a commercial real estate mortgage co. I operate under
Hello, I own a commercial real estate mortgage co. I operate under a California Finance Lender's License (CFLL). I would appreciate it if you can tell me if it is legal to pay someone a referral fee o… read more
KLAW
KLAW
Juris Doctorate
2,029 satisfied customers
I currently hold a Real Estate License and Mortgage License
I currently hold a Real Estate License and Mortgage License in the state of Colorado. I am being told that I am a risk to hire from a local Real Estate Office because hold both. I do not double side a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My neighbor has a 14 inch easement along the my east
My neighbor has a 14 inch easement along the my east property line.His driveway was mistakenly poured over the property line during construction so the developer solved the problem by granting this ea… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
Can a walking easement of 20' that shows on a plat map with
Can a walking easement of 20' that shows on a plat map with definitive width, length and surveyor pins be considered a "floating" or "blanket" easement if it was not recorded as such initially? … read more
Barrister
Barrister
Lawyer
41,037 satisfied customers
The city is putting a drainage easement and coming into my
The city is putting a drainage easement and coming into my backyard 20 feet. In the process they are removing trees and a 2 story playhouse. There is also a shed and sprinkler system and river stone r… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
Mine is a prescriptive easement question. My neighbors are
Mine is a prescriptive easement question. My neighbors are trying to pull this on me. I read that to get a prescriptive easement a claim must be made. Does the claim have to be verbal or in writing an… read more
Barrister
Barrister
Lawyer
41,037 satisfied customers
I have a real estate question. NC. About an easement
I have a real estate question JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: NC JA: Has any paperwork been filed? Customer: No JA: Anything el… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
There is a 20 ft. drainage easement between my property and
Good evening. There is a 20 ft. drainage easement between my property and the neighbor behind me. He has built a wire fence on the easement denying me access to my main water valve. Is this legal? … read more
Barrister
Barrister
Lawyer
41,037 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
41,037 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