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  1. #1
    Join Date
    Dec 2009
    Posts
    2

    Default Possible Mistake on Survey, Plan to Sell Soon

    My question involves real estate located in the State of: SC

    We purchased a lot and built a house about 10 years ago. The lot had a large drainage ditch running down the side of it as well as a sewage line running beside the ditch. The ditch has since been tiled and covered, but it is still there. We had the lot surveyed before we built the house, and the survey showed us owning the land that the ditch and sewage line were on. When building the house and storage building, the city inspector was only concerned with making sure we left enough room for them to access the ditch and sewage line with a backhoe if necessary. We just assumed the city had a right of way of some kind, and I think he did too. He okayed everything we did. After living in the house a while, we were told by one of our neighbors that he thought the town owned the land that the ditch and sewage line were on. That didn't really bother us at the time, but we are now getting ready to build a new home, and we will probably be trying to sell our current home in about a year. I am concerned that if the town does own that land, it will make our lot look a good bit smaller, and I am not sure part of our storage building would not be on city land. This will not help when trying to sell. If a mistake was made on the survey, and the town owns that land, what can I do to try to rectify the situation? I know the surveyor that did the work personally, and I am not really interested in calling him on the mistake if one was made. I think it has probably been too long for that anyway. I had thought about offering to buy the strip of land from the town, and having some kind of agreement written up giving them a right of way to work on the sewage and drainage. Would this be a feasible solution? What would be involved in something like that? Any other ideas? Thanks for the help.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Possible Mistake on Survey, Plan to Sell Soon

    It sounds more likely to me that the drainage ditch and sewer lines are in an easement over your property. If so, you still own the property subject to whatever rights the easement granted to the city.

  3. #3
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Possible Mistake on Survey, Plan to Sell Soon

    LandSurveyor,
    Thanks for the response. That is what I am hoping it turns out to be. I am just trying to be prepared in case the town does indeed own that land. Would it be a complicated process to purchase the land from the town and give them an easement if it is found that they do own the land? The ditch is part of the main drainage ditch in the city, so that property can never really be used for anything else. Thanks.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Possible Mistake on Survey, Plan to Sell Soon

    Would it be a complicated process to purchase the land from the town and give them an easement if it is found that they do own the land?
    I am not familiar with the process in SC, but here in Ohio it would possibly involve a survey, an appraisal, public hearing/comment, a vote by the council, and finally execution of the transfer by document.

    Your county assessor will have ownership information, perhaps online. You might also have a county GIS online. While the maps aren't particularly accurate, you are just looking to determine parcel ownership.

    Hopefully it's just an easement!

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