A 24-inch storm water pipe (the Pipe) has run under plaintiff’s house since the 1920’s. When the defendant-city repaired three large pipes in front of plaintiff’s property in 2012, plaintiff’s attorney advised the city that plaintiff did not consent to ...Read More »
Although a property owners’ association had purported to return a drainage easement to the owners of the servient tract (subsequently bought by defendants), the trial court granted summary judgment for the POA on defendant’s third-party claims because defendants could not ...Read More »
Where neither the plat referenced in plaintiff’s predecessor’s deed nor the description in the deed itself precisely located the land claimed by plaintiff, and where the claimed waterfront land falls within the public trust, the master-in-equity did not abuse his ...Read More »
A plat, which was delivered to the defendant-developer before the closing on plaintiffs’ lot, reduced the size of plaintiffs’ lot and showed a road (which had previously circumnavigated plaintiff’s lot) cutting through the lot. Although this plat was never recorded, ...Read More »
When a county planning commission approves a subdivision plan, S.C. Code Ann. § 6-29-1150(D) does not limit the class of permissible appellants to only property owners. We reverse the circuit court’s order dismissing appellant Citizens for Quality Rural Living, Inc.’s ...Read More »
Plaintiffs filed suit concerning a recorded easement for a driveway that encumbered their property and benefitted the adjacent parcel. Both parcels were previously owned as one property but were subdivided in 1911 by the original owner. Plaintiffs owned the servient ...
Tagged with: EasementRead More »
As part of a single highway project, the South Carolina Department of Transportation both (1) took a portion of the defendant-landowner’s property and (2) changed the frontage road in front of his property into a cul-de-sac, thereby substantially restricting access ...
Tagged with: CondemnationRead More »