Plaintiff’s use of a road across defendant’s property became adverse in 2009; before that, the evidence shows plaintiff’s use was permissive. And plaintiff’s evidence fails to show any mention of an easement in defendant’s chain of title or any public ...

Tagged with: Real Property

Although there is a four-inch overlap in the deed descriptions of (1) a 26.6-acre tract that lies within the City of Charleston and (2) a one-acre tract owned and annexed by the City of North Charleston, since North Charleston annexed ...

Tagged with: Real Property

Although the City of North Charleston’s description of the property it was annexing inadvertently included property that had already been annexed by the City of Charleston (which prior annexation was not reflected in county records), this was a technical deficiency ...

Tagged with: Real Property

Where Quicken Loans refinanced its own first-priority mortgage without discovering an intervening recorded line of credit, the line of credit has priority over the Quicken refinanced mortgage. We leave it to the General Assembly to decide whether to adopt the ...

Tagged with: Real Property

When plaintiff leased parking spaces in a lot across the street from his business, the lease’s property description exhibit included, not only the parking spaces, but also the lessor’s entire property: buildings, a parking lot, and other land. The lease ...

Tagged with: Real Property

Plaintiff’s nuisance claim is based on the defendant-trust’s installation of a driveway that allegedly directs stormwater runoff onto plaintiff’s property. The trial court properly found that (1) credible evidence showed that the driveway did not cause considerable amounts of stormwater ...

Tagged with: Real Property

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