Results 1 to 15 of 15

Thread: Buying an old easement

  1. #1
    Join Date
    Oct 2010
    Posts
    8,197

    Default Buying an old easement

    I want to approach a landowner about buying an old easement that borders my property. This is an older easement and the tract that it connects to has since been grouped together with a larger tract that has an access that is being used. This one is not in use.

    What is the process? Survey? Attorney to draw up it up? Pay the man and you're done? Probably less than an acre of land.
    "This is My commandment, that you love one another as I have loved you." John 15:12

    "Strive for peace with everyone, and for the holiness without which no one will see the Lord." Hebrews 12:14

  2. #2
    Join Date
    Sep 2001
    Location
    Wateree, South Carolina
    Posts
    48,808

    Default

    Assume everything you see on the county GIS map is wrong and contact a surveyor...

  3. #3
    Join Date
    Jan 2013
    Posts
    93

    Default

    Old easement? I might have understood you wrong but you will have to purchase an easement from the owner of the land that the road/firebreak actually resides on, not the easement holder.
    Last edited by cam1195; 02-26-2021 at 01:31 PM.

  4. #4
    Join Date
    Oct 2010
    Posts
    8,197

    Default

    Quote Originally Posted by cam1195 View Post
    Old easement? I might have understood you wrong but you will have to purchase an easement from the owner of the land that the road/firebreak actually resides on, not the easement holder.
    land.png


    Sorry for the crude picture and ignore the name, ONX hasn't updated.

    The BOLDER ORANGE lines are basically what I'm trying to buy. The BOLD rectangle at the top of the picture above was basically the right of way to the property that is behind our house. That property has been added to another tract that now forms one larger tract with a home and they access the property from their house. I called it an easement, but that might not be the right terminology.
    "This is My commandment, that you love one another as I have loved you." John 15:12

    "Strive for peace with everyone, and for the holiness without which no one will see the Lord." Hebrews 12:14

  5. #5
    Join Date
    Sep 2004
    Location
    spartanburg
    Posts
    4,436

    Default

    Id say it's part of the new tract now. Have it surveyed and negotiate a price if the owner is willing to sell.
    Low country redneck who moved north

  6. #6
    Join Date
    Oct 2010
    Posts
    8,197

    Default

    Anybody got a recommendation for someone in the Florence area?
    "This is My commandment, that you love one another as I have loved you." John 15:12

    "Strive for peace with everyone, and for the holiness without which no one will see the Lord." Hebrews 12:14

  7. #7
    Join Date
    Sep 2004
    Location
    spartanburg
    Posts
    4,436

    Default

    I'd ask landowner if they willing to sell. You can get a close acre measurement from GIS. Tell them what your willing to pay before survey.
    Low country redneck who moved north

  8. #8
    Join Date
    Jan 2013
    Posts
    93

    Default

    Quote Originally Posted by MolliesMaster View Post
    land.png


    Sorry for the crude picture and ignore the name, ONX hasn't updated.

    The BOLDER ORANGE lines are basically what I'm trying to buy. The BOLD rectangle at the top of the picture above was basically the right of way to the property that is behind our house. That property has been added to another tract that now forms one larger tract with a home and they access the property from their house. I called it an easement, but that might not be the right terminology.

    I was previously under the assumption that someone else (the person behind you) bought an easement from the actual land owner (person beside you) to cross over that owner’s land to reach their previously landlocked property. If I was correct, all I was pointing out was that the actual owner of the land would grant you easement. I.e. easements can’t be transferred from one easement holder to another (as far as I know). Also, if that landlocked property owner did purchase an easement and then bought another adjoining property, the easement next to your house that he purchased before expanding is probably no longer good.

    If what I said is incorrect, then I would assume you mean that the property owner to the rear of your house owns (outright) the property beside you, if so, as far as I know, you are right... get some kind of preliminary agreement with the owner of the land in writing, get it surveyed, get a lawyer and let him/her take it from there.
    Last edited by cam1195; 02-26-2021 at 02:52 PM.

  9. #9
    Join Date
    Nov 2004
    Posts
    49,817

    Default

    Showing the unedited picture will help with understanding what you’re getting at.

  10. #10
    Join Date
    Sep 2017
    Location
    Blythewood
    Posts
    2,088

    Default

    Is it a documented right of way to the property behind you? I have a right of way on my property to the property behind me that is land locked. It came with my property but I own the land the right of way is on, the guy behind me just has a right to cross it to get to his and I cannot close it with a gate without his permisson.

  11. #11
    Join Date
    Jan 2013
    Posts
    93

    Default

    Quote Originally Posted by Frank1 View Post
    Is it a documented right of way to the property behind you? I have a right of way on my property to the property behind me that is land locked. It came with my property but I own the land the right of way is on, the guy behind me just has a right to cross it to get to his and I cannot close it with a gate without his permisson.
    If you give him the key to the gate you can. If the easement's contract is properly written, he can only cross your land by way of the easement in order to get to his. If it is properly written he or whomever else can only use the easement for the purposes included in the agreement, he cannot use the easement if he buys another property next to it and uses it to access that property, etc. As long as you do not stop him from using the easement and have a properly drawn up contract, you can do whatever you want with it.
    Last edited by cam1195; 02-26-2021 at 02:57 PM.

  12. #12
    Join Date
    Sep 2008
    Location
    Carolinas
    Posts
    1,403

    Default

    Give me a shout and I can point you in the right direction.

  13. #13
    Join Date
    Jul 2009
    Location
    Clarendon County
    Posts
    4,591

    Default

    You need to buy the land and the easement if you plan on using it.

  14. #14
    Join Date
    Sep 2017
    Location
    Blythewood
    Posts
    2,088

    Default

    Quote Originally Posted by cam1195 View Post
    If you give him the key to the gate you can. If the easement's contract is properly written, he can only cross your land by way of the easement in order to get to his. If it is properly written he or whomever else can only use the easement for the purposes included in the agreement, he cannot use the easement if he buys another property next to it and uses it to access that property, etc. As long as you do not stop him from using the easement and have a properly drawn up contract, you can do whatever you want with it.
    You would think so, but he is an old time well known attorney in Columbia and wrote the right of way before I bought the property. So it's very much written in his favor. It's not a problem but I would like to put in a gate., he's not going for it tho.
    Last edited by Frank1; 02-26-2021 at 08:38 PM.

  15. #15
    Join Date
    Nov 2004
    Posts
    49,817

    Default

    Cant answer yes or no on the gate without reading the wording of the easement.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •