South Carolina Department of Transportation v. Horry County
391 S.C. 76
| S.C. | 2011Background
- 1924 deed conveyed 400x700 easement to Horry County for Pee Dee Road expansion.
- 1930 Horry County conveyed the easement to the State; 75-foot easement for another project also granted.
- 1979 Horry County quitclaimed its interest back to Burroughs & Chapin Co.; deed references 1924, omits 1930 transfer.
- 1985 B&C conveyed portions to appellants without mentioning the easement; title examinations missed 1930 grant.
- 2006 SCDOT notified appellants of planned bridge work and relocation of access across their properties.
- Special referee concluded SCDOT holds a valid easement; issues about abandonment, estoppel, and presumptions reviewed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1924 deed created a valid easement | Grainger contends the language is vague and fails to create an easement. | SCDOT argues the deed sufficiently created a valid easement with referenced boundaries. | Yes; valid easement created. |
| Whether there was a public dedication of the easement | Grainger asserts a public dedication should apply and be construed restrictively. | SCDOT did not preserve this issue for review; no findings below. | Issue not preserved for review. |
| Whether equitable estoppel bars SCDOT from asserting the easement | Grainger claims estoppel due to reliance on government action. | SCDOT argues government not estopped where public policy and notice exist. | No estoppel against SCDOT. |
| Whether presumption of grant applies to bar SCDOT | Grainger seeks presumption of grant based on adverse possession theory. | State may not be deprived by adverse possession; presumption of grant not applicable here. | Presumption of grant not controlling; adverse possession not applicable against the State. |
Key Cases Cited
- Binkley v. Rabon Creek Watershed, 348 S.C. 58 (Ct.App. 2001) (recording gives constructive notice; ensures no estoppel against title)
- Hardy v. Aiken, 369 S.C. 160 (2006) (any evidence standard for easement existence in bench trial)
- Judy v. Martin, 381 S.C. 455 (2009) (declaratory judgments review standards)
- State v. Fain, 273 S.C. 748 (1979) (prescription and twenty-year bar not applicable without possession)
- Boyd v. BellSouth Tel. Tel. Co., 369 S.C. 410 (2006) (constructive notice and estoppel considerations)