Re: prescriptive rights

More | Report Post

I am not a lawyer but "Prescriptive Rights" means that the family
has an easement or a right to use the land. Why? The family is
selling you the land and they probably have a clause in the
contract that will state this. However, if the family does not
have this clause they can still use the land because they have
used it for a "prescribed time" indicated by South Carolina law.

Your property is burdened by this easement because the walkway is
on your property. So, you may hear the term servient estate thrown
up. Just know that this is only because this is your property has
this walkway to the storage house.

The family can have this easement/prescriptive right forever but
they cannot take your property away from you, possess your
easement, or improve your property.

If I were you, I would double check with a Real Estate Attorney in
South Carolina who can make sure that you are good to go. But,
what I am giving you is basic legal terms and knowledge of your
rights.

My question though is that storage space though. If they have the
right to that storage space. Is that still on your property? If
so, then technically they are selling you the storage space but
they want to have use to it. The storage space is your property.
So you really would have to decide whether or not you really want
them on your land like that. This is why I would speak to an
attorney in South Carolina to clear up any questions that you may
have.

The issue of adverse possession will come up here because although
you have not bought the land yet, this is their property now and
the family may bring up a claim years later that the storage house
is theirs by adverse possession because you are aware of its
purpose and its use.

This is why I would consult an attorney here because this is where
you need a clear cut understanding of the storage space ownership
and the walkway rights.

{{I would put a clause in the sales contract that would allow use
of the easement but that the family cannot gain title/posession to
the storage house.}}

Good luck!

On 1/13/07, April (prescriptive rights wrote:
> On 1/12/07, April wrote:
>> On 1/12/07, April wrote:
>>> I am purchasing a cottage in South Carolina. On one acre
>>> of land. The land has had for years a dirt road that goes
>>> back to an old house that the family still uses for
>>> storage. They want to sell me the cottage and land with a
>>> prescriptive right so that there cousins and family can
>>> still use the old house for storage. What does this mean
>>> for me in the future with this investment? Please help!
>>> And thankyou for any advice you may have.
>>> April, Stuart Florida
>>
>>
>> (Prescriptive Rights)
>> I would like to add. I really want the cottage and am more
>> than willing to accomdate the family. But need advice to
>> protect myself legally for future problems.
>> Thankyou again
>> April Stuart Florida
>
> Hey,
> Noone has responded to my prescriptive rights question. Am I
> doing something wrong. Am I suppose to send this the this
> website also, or do I just post it and hope someone will see
> this. Thanks.
> There must be someone in charge of this website?
> April-Stuart Florida (Prescriptive rights question)