Defendant relied on a 1990 quiet title decision to establish his ownership of a dirt road which ends in a boat ramp; however, no interpretation of the decree supports the circuit court’s conclusion that defendant owns the road and boat ...

Tagged with: Real Property

This refiled opinion concerns the ownership of parish property after parishes withdrew from the national Episcopal Church in 2010. The only change from the court’s April 2022 opinion involves the issue of trust revocation based on S.C. Code Ann. § ...

Tagged with: Real Property

Given the plaintiff-Church’s hierarchical structure and Florida’s requirements for the signing of a deed, the deed purporting to transfer real property from the Church to the defendant Tallahassee Congregation – signed by the presiding bishop rather than the Church’s Board ...

Tagged with: Real Property

Owners of Charleston real estate failed to pay either their county property taxes or their federal income taxes. When the county held its tax sale, it failed to notify the federal government; accordingly, appellant – the purchaser at the tax ...

Tagged with: Real Property

Using the language of a warranty deed, the defendant-marina’s predecessor granted non-exclusive easements of ingress, egress and parking to the plaintiff-restaurant, allowing the restaurant to use the marina’s parking and access. The warranty provision promised “to warrant and forever defend” ...

Tagged with: Real Property

A 2018 injunction barred appellant Lawhon and his marina from interfering with the respondent-restaurant’s easements, which give the restaurant the right to use the marina’s parking and access. The circuit court properly found appellants in criminal contempt for parking a ...

Tagged with: Real Property

The respondent-mortgagee’s predecessor filed and served upon the petitioner-mortgagor a notice of foreclosure intervention. When petitioner failed to respond to the notice, the mortgagee filed and served petitioner with a notice of denial of loan modification. These actions complied with ...

Tagged with: Real Property

Before the building height restriction in their neighborhood was lowered from 75 feet to 45 feet, the appellant-landowners sought and received setback and buffer variances. At that time, appellants submitted neither a 1”=30’ scaled site plan nor a written narrative ...

Tagged with: Real Property

In the underlying failed real estate transaction, the plaintiff-buyer’s closing attorney was attempting to zealously represent his client by insisting on a certificate of tax compliance, attempting to obtain title insurance, and trying to clean up the defendant-seller’s corporate dissolution ...

Tagged with: Real Property

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 ...

Tagged with: Real Property South Carolina Court of Appeals