Deeds question

[yinchris]

South Carolina.

We brought 10 units apartments with parking lot in our deeds (Parcels B) in 2017, subject to right of way for ingress and egress for Parcels A and C (another 9 units owned by another company), the deeds has recorded like this in 2006 ( first owner). and 2012 (second owner brought them in the auction. This conveyance is made subject to Easement, restriction, Covenants and conditions of record, including matters shown on recorded plats)

We have started the process to demand parking fees from another company, they showed us the different deeds (they bought the apartment in 2013 Nov.) : A non-exclusive easement for ingress and egress to the property, for the benefit of the Grantee, it's tenants, licensees, invitees...across the property shown on the above-referenced plat as being a part of parcel B and denominated and shown as "common area" and a non exclusive easement, for the benefit of Grantee...., provided however, that said easement shall only be construed as providing to Grantee an easement for the parking of the number of cars on the common area's parking spaces as is proportionate to the relative size of Parcel to parcels B and C and to the total number of parking spaces within the common area.........

Our question is: 1. Their Deeds made is in 2013 for our property, we have no record of it, is it legal? 2. Is the easement registered wrong? Shouldn't there be a public record against our deed/property, not just theirs? 3. What can we do with this?

Thank you in advance!

 

[TigerD]

You are going to need a real estate attorney. This will require a review of the records to establish what happened and what needs to happen.

TD

 

[yinchris]

Yes! We have hired a real estate attorney, after a few thousands $ in and time, her response is : litigation process can be timely and costly (we are the small fish here), and she thinks we are stuck with a bad bum neighbor.
We are searching a second opinion here. Thanks.

 

[FlyingRon]

Your lawyer should have told you this, but let me tell you. Land title is not a single "deed." A deed just conveys some property right from one person to another. Your ownership interest is determined by all the deeds historically executed on this property. If there were multiple easements recorded over history, they ALL apply unless explicitly vacated.

If there is an easement granting parking rights, you must allow it.

 

[yinchris]

Your lawyer should have told you this, but let me tell you. Land title is not a single "deed." A deed just conveys some property right from one person to another. Your ownership interest is determined by all the deeds historically executed on this property. If there were multiple easements recorded over history, they ALL apply unless explicitly vacated.

If there is an easement granting parking rights, you must allow it.

Thank you for answering this, if someone gets hurt on the parking lot which we own, will we be the one maybe to get a lawsuit?

 

[quincy]

Thank you for answering this, if someone gets hurt on the parking lot which we own, will we be the one maybe to get a lawsuit?

You can be sued. Yes.

 

[adjusterjack]

Thank you for answering this, if someone gets hurt on the parking lot which we own, will we be the one maybe to get a lawsuit?

Yes.

Which is why you buy the proper liability insurance. Consult an independent insurance agent for that.

 

[justalayman]

You open up your question stating your property is subject to an easement due to the deeds involved previously

That is your notice of public record that you are bound to that same easement.


Your attorney who has the ability to read all the associated deeds should be able to tell your whether there is an enforceable easement against your title.


Since it appears others have a right to cross your land, yes you do need to be concerned with liability issues. The greatest of concerns can be remedied with removing hazards from your property. There will always be a concern of being sued but your best defense it to remove all,known issues that could result in a successful suit and purchase insurance to protect you from your liabilities and costs if sued