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    Re: prescriptive rights

    Posted by kijjd on 2/06/07

    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
    > 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
    > 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
    > 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
    > 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
    > 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
    > 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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