Does the city own the right of way?
As a general rule, a city or county right-of-way is an easement for public travel. So, typically, a city or county does not own the fee title to the property underlying the public right-of-way; the abutting property owners have that fee title, and that title usually extends to the centerline of the right-of-way.
What happens if an adjoining landowner violates a zoning ordinance?
Invariably, however, violation of zoning ordinances is powerful evidence that the use is unreasonable and, of course, liability for violation of zoning ordinances can be imposed independent of legal actions by the adjoining landowners. A statute can allow a neighbor temporary access to an adjoining landowner’s property to make necessary repairs.
What are the rights of a property owner?
The rights of landowners regarding ground or well water. The right of landowners to use surface water, such as standing rainwater and melting snow or to divert such water that would otherwise prove harmful to that property.
When does a right of way become property?
This is the reason why streets, when vacated, generally become the property of the abutting owners to the centerline of the right-of-way. Here are links to more detailed information on the nature of right-of-way and street vacation .
Can a neighbor access your property in South Carolina?
A statute can allow a neighbor temporary access to an adjoining landowner’s property to make necessary repairs. For example, in South Carolina, an owner is temporarily allowed to access the adjoining landowner’s property to improve, repair or maintain the owner’s property.
What are the rights of an abutting property owner?
Passage Rights of Abutting Owner By law, as noted above, an abutting property owner along a discontinued road has a right-of-way over it to the nearest and most accessible public highway. This law was passed in it original form in 1959.
Can a property owner have right of way over a road?
By law, as noted above, an abutting property owner along a discontinued road has a right-of-way over it to the nearest and most accessible public highway. This law was passed in it original form in 1959.
How does a landowner get a right of access?
To establish this so-called “private right of access,” a landowner must simply show that (1) the land “abuts the road” and (2) the road was a “public road.” Id. Once established, the landowner is entitled to “free and convenient access to his property and to his improvements thereon.”
Can a property have access to a public road?
Abutting property may lack direct access to the public road or highway; under these circumstances, the property may have legal access by way of an easement.