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Inherited property problems

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carorob

Junior Member
What is the name of your state? South Carolina

We inherited a piece of property on Lake Greenwood from my husband's father. This property had been purchased by my husband's father from his ex-wife, my husband's mother. She continued to live on the adjoining lot which she also owned.
My husband's father died 3 years ago leaving the property to us. My husband's mother begged us not to sell the property we had inherited because she had tapped on to the water line (illegally) and had a storage building land swimming pool located there.
We did nothing at the time as the trailer on our property was unlivable and we did not want to improve it at the time. The deed is registered in my husband's name showing the movement from mother to father to my husband. The boundaries were clearly marked with iron stakes, so we did not have the property surveyed.
My husband's mother died 1 and 1/2 years ago. Her second husband was not friendly towards us and there are issues with the distribrution of her estate. We want to sell our property. We have notified him by registered letter that he needs to remove the buildings, obtain his own water, and not use the driveway on our property. This has not been done. What do we need to do so that future buyers will have a clear title to the property? We want to clean up and sell this property peacefully and at the best possible price. The distibution of my husband's mother's property is a different issue, but seems to bleed over into this one. Help!
 


pojo2

Senior Member
IF you are 100% usre of those oundaries then send a certified letter to stepdaddy and tell him he has so many days to correct said errors or you will at HIS expense and turn the illegal tap over to the proper authorities.

Unless of course your state allows adverse possession and your time limit for complaining is over.

she had tapped on to the water line (illegally)

Does this mean she has been stealing water for all this years?
 

carorob

Junior Member
Inherited property problem

Mom originally owned our lot. She bought the adjoining lot and put a mobile home on it. Instead of getting a new water tap and meter, she just ran a line to the meter on the original lot. What a mess. We didn't want to tell on Mom, but now we are having to deal with an unfriendly step situation. I have sent an email to the water company asking how to deal with this.
As far as time limits for the adverse possession, we have only owned the lot for about 3 years. Don't know SC's time limits.
 

lwpat

Senior Member
My advice would be to offer to purchase and pay for a new tap on the other lot. Then install a fence along the property line. You have an easement by prior use problem and you are better off spending some money on the problem rather than on an attorney. Since she owned both lots, it is not an "illegal" tap. Who is paying the monthly bill? You can esclate the situation by having the water turned off if it is in your name.
 

pojo2

Senior Member
Since she owned both lots, it is not an "illegal" tap. Who is paying the monthly bill? You can esclate the situation by having the water turned off if it is in your name.

Not necessarily so if it is and has always been two separate lots. For instance in So. Co. I own 4 lots in a row and each must have it's own tap at a price of 7500 each. Now if I decided that 1 gets a tap and build on that lot and decide to build a little vacation cottage to sell on another I would most definately be in big trouble complete with extensive fines.

It's called and illegal tap!
 

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