My question involves real estate located in the State of: SC
I am contemplating the purchase of a piece of riverfront property. I looked at old deeds, and came across an easement granted to a former owner. I can't figure out who has, or might have a right to exercise this provision. It seems highly unlikely that anyone would do so, but who knows. The original grantor was a Textile Mill, and used the river/dam as a power source. The property was sold to two subsequent mills, but now part is owned by a small hydro-electric company and the rest by a local Heritage Commission. These properties are on the river bank opposite what I'm looking to buy, but in a different county.
It is a separate document from the deed, but is referenced in that deed as "that certain reservation" with this deed/page location.
The provision reads;
"Saving and reserving, however, unto The ***** Company, its successors and assigns forever, as rights and easements appurtenant and appendant to the said property the full, ample and especial right and easement to back the water in said river and to flow the same in any manner upon the said lot of land hereinbefore described, so long as the dam or dams so controlling the flow in said river are no higher than the dams lying across the ***** River presently owned by The ***** Company, free from any and all claim or right of (owner #1). and (owner #2), or any future owner or owners of the said lot, for any loss or damage of any nature or kind whatsoever which may occur or happen to said lot or to any crop growing or structure thereon or to the owners thereof, resulting from controlling said flow. It being understood, covenanted and agreed that the aforesaid rights, easements and reservations shall be as continuing covenants in favor of the said The ***** Company and its successor, and assigns, and running and continuing against the said lot of land herein described.
November 14th 1967"
I read it to say that they can raise the river if they want, and any damage done by that is my problem.
Any other thoughts?
I am contemplating the purchase of a piece of riverfront property. I looked at old deeds, and came across an easement granted to a former owner. I can't figure out who has, or might have a right to exercise this provision. It seems highly unlikely that anyone would do so, but who knows. The original grantor was a Textile Mill, and used the river/dam as a power source. The property was sold to two subsequent mills, but now part is owned by a small hydro-electric company and the rest by a local Heritage Commission. These properties are on the river bank opposite what I'm looking to buy, but in a different county.
It is a separate document from the deed, but is referenced in that deed as "that certain reservation" with this deed/page location.
The provision reads;
"Saving and reserving, however, unto The ***** Company, its successors and assigns forever, as rights and easements appurtenant and appendant to the said property the full, ample and especial right and easement to back the water in said river and to flow the same in any manner upon the said lot of land hereinbefore described, so long as the dam or dams so controlling the flow in said river are no higher than the dams lying across the ***** River presently owned by The ***** Company, free from any and all claim or right of (owner #1). and (owner #2), or any future owner or owners of the said lot, for any loss or damage of any nature or kind whatsoever which may occur or happen to said lot or to any crop growing or structure thereon or to the owners thereof, resulting from controlling said flow. It being understood, covenanted and agreed that the aforesaid rights, easements and reservations shall be as continuing covenants in favor of the said The ***** Company and its successor, and assigns, and running and continuing against the said lot of land herein described.
November 14th 1967"
I read it to say that they can raise the river if they want, and any damage done by that is my problem.
Any other thoughts?
Use and Enforcement: Who Might Be Entitled to Use of This Easement
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