My question involves an easement in the state of: South Carolina
I am a design engineer. All attorneys I speak too seem to beat around the bush with this a little so I figured I would try this forum.
The situation is that have existing sewer lines located on private property in an old mill village. The mill installed their sewer lines may years ago (80+) but now a special purpose district SPD (our client) owns and maintains the lines as the lines were basically turned over to the SPD some time ago. The lines are in bad shape and need major repair and rehabilitation. The layout is like this:
Say in our situation you have a Lot, then an alleyway , then another Lot. Basically an alley splits the two Lots and for a city block you may have 30 lots on each side of an alleyway. Each lot has a Main sewer line running on it (many cases right up against the house, sometimes under themÖNot good!) and the main runs parallel to the alley. Instead of repairing the line in place and on private property, we think it more logical to install new lines out in the alleys, where physically possible, and then reconnect the (privately owned) service laterals to the new line. This does a couple of things, gets the main lines off of the private property thus making the lines way more accessible for maintenance and emergency repairs and it also decreases the amount of line we have to maintain for the future in-half (We are getting rid of 2 old lines and putting in one new one) . The old lines would be abandoned in place and filled with concrete, no longer a problem for anybody.
Now the existing alleys consist of two types of R/W,s according to the County records. Some are "deeded" and some are "prescriptive". I think in the case where the R/Wís are deeded we are OK, fully in our right to install the lines by way of encroachment permit with the County, all we have to do is please the County. Currently, the alleys are used for servicing of trash trucks, some rear driveways and most if not all of them have public water mains running right down the middle of them that serve the houses. (FYI, The water entity is Not the same entity as our client so I donít know about their rights of easements).
My question is. What measures do we need to take in order to make sure we covered when it comes time to install these lines. I am specifically worried about he prescriptive easements alleys. Weird thing is all of them show a right of way width. Most Prescriptive R/W I have seen for roads and such are something like ditch to ditch, etc.