Question #17 on SC’s Residential Property Condition Disclosure Statement (aka the seller’s disclosure) asks about EASEMENTS such as access easements, conservation easements, utility easements, other easements; and along with questions about party walls, shared private driveways, private roads, mineral rights, encroachments onto the property, and encroachments onto neighboring properties.
https://www.llr.sc.gov/POL/REC/RECPDF/Property%20Condition%20Disclosure%20Statement.pdf
Properties have easements, especially utility easements.
Sellers need to hire lawyers and surveyors and personnel with metal detectors to help answer this question accurately.
SCR has heard reports of local government records and utility records and surveys not always being accurate about the location of underground utility pipes. Don’t guess. Hire experts.
Never say "no" easements per this case (Slack v James in the SC Supreme Court):
https://caselaw.findlaw.com/sc-supreme-court/1485789.html
Posted by: Byron King on 04/09/19 (This information is only accurate as of 04/94/19. You must contact SCR for updates and changes to this information after 04/09/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)