Easement in South Carolina
State-specific overview · Property & Real Estate
South Carolina recognizes easements by express grant, necessity, and prescription; prescriptive easements require 20 years of adverse use.
How South Carolina treats Easement
South Carolina law allows easements to be created by written grant, by necessity when land becomes inaccessible, and by prescription through 20 years of open, continuous, and adverse use without permission. Easements should be recorded in the county register of deeds to provide notice to future property owners. South Carolina courts enforce easements according to their stated purpose and do not permit the dominant estate to expand the easement's scope beyond what was originally granted or established.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.