Re: prescriptive rights

More | Report Post

On 1/13/07, Not a lawyer but here is some advice wrote:
> 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)