Legal Question in Real Estate Law in South Carolina

property law pertaining to easements

A new neighbor cut down all trees,

graded and built up his property

causing himself drainage problems.

We now found out that an easement

exists on our property dealing with

water drainage. The city wants to dig

a 2 to 3 foot ditch across our

landscaped property to allow drainage

of the neighbor's property. This

would cause drainage problems for us

and for the the neighbor behind us.

We need to know our rights as

property owners. Can our property

be damaged in order to drain the

neighbor's self made water issues?

The natural flow of water would be to

place a culvert under the road. The

land naturally flows downward across

the road to a creek. The city does

not want to discuss a culvert going

under the road. What can we do to

protect our front yard from damage?

Asked on 11/06/08, 11:01 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: property law pertaining to easements

I'm sorry. Although I have certain real estate experience, I do not have any in this particular area and do not wish to "wing it" as you have some serious concerns. Possible another attorney from this site will see your question and give you some guideance. Your best bet would be to call a few attorneys in your area that advertise real estate litigation and can advise you in person or over the phone. Just like doctors, lawyers focus on particular areas and are not always competent in all areas. I wish I could help, but I'm afraid that I simply do not have the experience that your question requires. Good luck.

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Answered on 11/06/08, 11:18 am

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