Copyright 2017

Richard M. Unger

This authoritative Treatise is the only one of its kind available on this challenging and technical area of South Carolina law, providing a comprehensive resource for the public or private practitioner. The book is a culmination of Dick Unger's numerous years of presenting seminars on the topic and his discussions with some of the practitioners who were involved in the cases cited in the book. Designed to provide an A-Z analysis of the law of easements in South Carolina, the book discusses developments in the law and new decisions in South Carolina, the Restatement of the Law (Third) Property, Servitudes and laws in neighboring states. The book includes key appellate decisions as well as trends and expected future directions in the law. In addition, it includes practice tips for drafting easements as well as pleadings for the practitioner to consider in proving the existence of easements. Illustrations portray the court's reasoning in the cases, which are presented in brief form to give the reader a better understanding of the facts involved in the decisions.

The practitioner may use this book not only as a resource for making decisions, but also as a drafting guide for easements and pleadings. The book provides the practitioner with a source of future trends in the law by referencing the Restatement, other states' laws and other national treatises on the law of easement.

The Treatise is a valuable resource for all real property practitioners, in-house counsel and title insurance agents, and will also prove beneficial for bankers, surveyors, foresters, abstractors and land owners in better understanding the concepts involved in easement law.

Summary of Contents

  • Easements in General
  • Creating the Easement
  • Scope of Easements
  • Rights and Obligations
  • Restatement (Third) of Property (Servitudes)
  • Access Coverage under Title Insurance Policy and Title Insurance Underwriting Requirements
  • Sample Pleadings and Easement Documents