mercredi 27 septembre 2017

Use and Enforcement: Easement or Adverse Possesion

My question involves real estate located in the State of: South Carolina
Sorry, but I must start with background. I own property at the end of a private dirt road. My property is accessed by a 50' wide road owned by one of the roads residents. It has 4 other parcels adjoining before it ends at his property line. I and another resident have a 30' wide deeded easement along this road, and through his property to arrive at ours. My property was deeded 2 years ago, and the road and the easement are documented on my plat. According to my plat, the easement runs down one of the boundary lines, but the owner has not kept the outside 10 to 15 feet clear. He says no problem, just take your easement in the clear space. No issues there, but the property owner at the corner of the road frontage has been gardening beyond his border for several years. Since I moved in, I have asked him not to garden in my driveway when he complained about me driving through his garden. The lane I am using is still more than 10' from the offending owners property line. I have spoken to the road owner, and he advises I need to iron this out with the property owner myself. The offending owner barricaded the space I had been using, narrowing my easement to one lane. I got a copy of the satellite map, with property boundaries clearly marked, and tried to explain to him that he has no right to barricade my driveway. The owner responded that he had been gardening there for years, and that I was trespassing by driving through his garden, implying his right through adverse possession. This has engendered extreme hard feelings between this property owner and myself. My question is, who is right, and what can I do?


Use and Enforcement: Easement or Adverse Possesion

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