AboutSharon Wilkerson Expertise I can answer questions on residential real estate whether they concern buying or selling, 1031 exchanges, or investment property/vacation property. I can answer some questions on South Carolina law concerning the aforementioned property type sales. I cannot answer questions concerning commercial property.
Experience I am a realtor in the Charleston, SC, area which is an historic seaport town on the coast located between Myrtle Beach and Hilton Head. I have serviced both buyers and sellers from those looking to purchase their very first home to those looking for a place to retire. I have a network of realtors around the South Carolina area with whom I am in touch concerning the South Carolina real estate market.
Organizations The Charleston Tri-county Association of Realtors; The South Carolina Association of Realtors, The National Association of Realtors; Women at Work; The National Conservancy; Daughters of the American Revolution
Education/Credentials BA degree in Business and BA degree in Theatre Arts
Expert: Sharon Wilkerson Date: 1/9/2008 Subject: Am I landlocked?
Question I am looking at a piece of property in South Carolina to develop. In the past this tract of land fronted a county road. That road has long since been abandoned, leaving the property essentially landlocked. I was under the impression that a tract of land cannot be landlocked this way. My question is, does the adjoining landowner have to grant an access easement to this property, and if so, what is the minimum he/she must grant? Highest and best use (enough for a road) or a ten foot wide footpath?
Answer First off, I am not an attorney and my best advice is to seek a real estate attorney as many court cases evolve out of this very issue. I can tell you this much: What is interesting is that you state a county road existed at one time. SC law states that if a road is deemed publicly accessible and if no formal action has been instituted to abandon it, your property is not considered landlocked. So, if the county did not take the necessary steps to formally abandon the road, you can petition the DOT to reinstate it. S.C. Code Ann. § 57-9-10 provides, “any interested person, the State or any of its political subdivisions or agencies may petition a court of competent jurisdiction to abandon or close any street, road or highway whether opened or not.” Notice must be given to the public by newspaper advertisements and to abutting landowners by mail. Section 57-9-10. The court must determine if it is in the best interest of all concerned to abandon or close the street, and determine in whom the title to property comprising the former street shall be vested. S.C. Code Ann. § 57-9-20 (1991).
“By creating a formal judicial procedure for terminating a public right of way over land, [Section 57-9-10] removes the uncertainty attending the common law of dedication and abandonment. It also ameliorates the rigor of the common law rule requiring strict proof of intent to abandon a public right of way before that right can be extinguished.” Hoogenboom v. City of Beaufort, 315 S.C. 306, 319, 433 S.E.2d 875, 884 (Ct. App. 1992). DOT and the local municipality are indispensable parties that must be joined in an action to abandon a public road. Without their inclusion, they would not be bound by the decision or discharged from their maintenance duties or other obligations and liabilities. BancOhio Natl. Bank v. Neville, 310 S.C. 323, 426 S.E.2d 773 (1993).
Does the adjoining landowner have to grant an access easement to this property? If there is no longer a public road and going through the adjoining property is the only way possible to access your property, odds are they will and enough of an easement for a proper road; however, the law requires certain specifics to be met in order for that easement to be granted and you are better off consulting with a real estate attorney now before you purchase.
