How do I resolve an easement or boundary dispute in South Carolina?

1. Easement Types

SC recognizes express easements (written, recorded under S.C. Code § 27-7-10), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

S.C. Code § 15-67-210 et seq.: 10 years with possession under written instrument or judgment (color of title), OR 10 years actual possession claimed as own (S.C. Code § 15-67-220). Also referenced: 20-year prescriptive title at common law. Elements: actual, open, notorious, exclusive, hostile, continuous (Lusk v. Callaham, 215 S.E.2d 893).

3. Prescriptive Easement

20-year continuous, open, notorious, adverse use under claim of right (Horry County v. Laychur, 462 S.E.2d 105). No tax payment required.

4. Quiet Title Action

S.C. Code § 15-67-10 et seq. authorizes quiet title actions. Filed in court of common pleas of county where land sits.

5. Boundary Disputes

SC recognizes acquiescence and boundary by agreement. Licensed South Carolina PLS required. Old plats and original Crown grants sometimes implicated in coastal/lowcountry disputes.

6. Encroachment Remedies

SC courts apply relative hardship balancing for innocent encroachments; willful encroachers face mandatory removal injunctions (Hill v. Carolina Power, 217 S.E.2d 588).

7. Express Easement Termination

Release, merger, abandonment (nonuse plus clear intent), expiration, end of necessity.

8. Marketable Title

SC has no comprehensive Marketable Title Act; relies on recording statutes and adverse possession. Title insurance critical.

9. Litigation / Mediation

Court of common pleas for quiet title. Magistrate court for boundary disputes under $7,500. ADR mediation under SCADR Rules widely available.

This is legal information, not legal advice.