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South Carolina Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for South Carolina on
Q: I have been given a piece of property with a home on it but I haven't got the title or deed etc

I want to put it on paper and make it official but not exactly sure how to write it out

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

How have you been given land? Will, Heir, Order of Court? Hire a competent SC attorney to search the Title, draft a Deed with a Derivation of Title Clause, and try to get it executed if it is an actual gift. Otherwise an Affidavit of Heirship might be recorded, with no Deed as ancestor is... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: We bought property in SC and the neighbor beside us using our property as an easement to their house

The neighbors have a driveway to their property on the backside of their house. The easement is not granted in the deed. How do we go about keeping them from using the driveway that is on our property?

Anthony M. Avery
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Anthony M. Avery
answered on Jun 6, 2022

You need a SC attorney to search both Titles. The adjacent owner may have a Prescriptive Use Easement or an Easement By Implication, which might be provable in Court.

1 Answer | Asked in Consumer Law, Estate Planning, Land Use & Zoning and Real Estate Law for South Carolina on
Q: can you QuitClaim Deed property to Trust? & if the lender wants pay-in-full but you have nothing else of value left...

what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Nov 15, 2021

Transferring property to a trust does not magically remove security interests. If the loan goes into default due to lack of payment, the lender may foreclose its lien.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for South Carolina on
Q: We sold 3 lands, sign a sell agreement and get payed. now the buyer wants to back up the deal beuse he say thye land has
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 30, 2021

Not sure of your question. But if there was a breach of warranties on the Warranty Deed, or some type of dislosure fraud, then a cause of action may exist. It is up to the buyer, now owner, to sue you. If there has not been a Deed executed yet, then read your Contract about each Parties'... Read more »

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