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    Re: prescriptive rights

    Posted by Not a lawyer but here is some advice on 1/13/07

    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

    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

    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)

    Posts on this thread, including this one
  • prescriptive rights, 1/12/07, by April.
  • Re: prescriptive rights, 1/12/07, by April.
  • Re: prescriptive rights, 1/13/07, by April (prescriptive rights.
  • Re: prescriptive rights, 1/13/07, by Not a lawyer but here is some advice.
  • Re: prescriptive rights, 2/06/07, by kijjd.
  • Re: prescriptive rights, 2/06/07, by jrb.

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