Select your state

Real property

public easement

A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.

In South Carolina, a public easement is a type of right-of-way that allows the general public to access and use certain property, which can include streets, sidewalks, parks, or beaches. These easements are typically established through dedication by a property owner, by prescription, or by implication. Dedication occurs when a landowner offers land for public use, and the public accepts it by using the land. A prescriptive easement can be claimed after the public uses the land openly, continuously, and without the permission of the landowner for a period of time established by state law, which is generally 20 years in South Carolina. Easements by implication may arise when a subdivision is created, and the use of certain parcels for public purposes, such as roads or parks, is apparent. Public easements are protected under state law, and interference with these easements can lead to legal action. Local ordinances and state statutes may further define and regulate public easements, and federal law may come into play if the easement involves federal land or projects.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Real property

public easement

Individual & Family Legal Plan

Articles

South-Carolina State Code

South-Carolina State Code

Real property

public easement

Articles