Treatise on the Law of Easements in South Carolina, Second Edition Out of Stock

Product Details

Principal Authors:  Richard M. Unger, Esq., R. Brooks Wright, Esq., and Stuart M. Lee, Esq.
Contributing Authors:  Paul de Holzer, Esq., Thomas Heard Robertson, PE, AICP, and J. Howard Yates

Copyright 2025

This includes both a physical copy of the book and the book's download.

This authoritative second edition is the only comprehensive treatise dedicated to the complex and technical area of South Carolina easement law. A must-have resource for both public and private practitioners, this book provides an in-depth analysis of legal developments, key case law, and practical guidance for professionals navigating this challenging field.

The book is a culmination of Dick Unger's numerous years of presenting seminars on the topic and his discussions with leading practitioners, including those directly involved in the cases cited in the book. Designed as an A-to-Z reference, the book explores significant legal updates through March 2024, incorporating pivotal new decisions that have impacted existing case law. It also examines the Restatement of the Law (Third) of Property: Servitudes and relevant laws from neighboring states, offering valuable comparative insights.

Key features include:

•  A thorough discussion of South Carolina appellate decisions, emerging legal trends, and  
   anticipated future developments.
•  Practical guidance for drafting easements, including sample pleadings and strategies for proving 
   easement existence.
•  Illustrations that clarify court reasoning and summarize key case facts for easy reference. 
•  Expanded content in this edition covering railroad easements, spoilage easements, 
   avigation easements, and public rights-of-way.

Ideal for real property practitioners, in-house counsel, and title insurance agents, this treatise is also a valuable resource for bankers, surveyors, engineers, foresters, abstractors, and landowners seeking a deeper understanding of easement law. Whether used as a decision-making tool or a drafting guide, this book serves as an essential reference for anyone dealing with easements in South Carolina.

Summary of Contents:

Chapter 1: Easements in General
Chapter 2: Creating the Easement
Chapter 3: Scope of Easement
Chapter 4: Rights and Obligations
Chapter 5: Termination
Chapter 6: Restatement (Third) of Property (Servitudes)
Chapter 7: Access Coverage under Title Insurance Policy and Title Insurance Underwriting Requirements
Chapter 8: Conclusion
Chapter 9: Sample Easement Documents
Chapter 10: Sample Pleadings
Chapter 11: Additional Reference Materials

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