Easement Agreement - South Carolina
EASEMENT AGREEMENT
South Carolina — [________________] County
Before you use this: Match both parcels and the easement area to current title and survey records. Confirm who must sign, whether any mortgagee or other holder must consent, and the recording office's requirements. This form grants a nonexclusive access easement appurtenant to the identified benefited parcel. Describe any utility, drainage, or exclusive rights in a separately reviewed instrument.
Prepared by: [________________________________]
Return recorded agreement to: [________________________________]
Parties and parcels
Grantor (owner of burdened parcel): [________________________________]
Grantor address: [________________________________]
Grantee (owner of benefited parcel): [________________________________]
Grantee mailing address: [________________________________]
Burdened parcel tax map number: [________________________________]
Benefited parcel tax map number: [________________________________]
Grantor owns the parcel described in Exhibit A (the Burdened Parcel). Grantee owns the parcel described in Exhibit B (the Benefited Parcel). The easement area is described and depicted in Exhibit C (the Easement Area).
Grant and scope
For [describe actual consideration, if any: __________________________________], receipt acknowledged, Grantor grants to Grantee, as owner of the Benefited Parcel, a nonexclusive easement appurtenant over the Easement Area for pedestrian and vehicle ingress and egress between the Benefited Parcel and [public road or other endpoint: __________________________________]. The right benefits the Benefited Parcel and may be exercised by its owners, occupants, invitees, and service providers for that stated purpose.
This grant conveys only Grantor's interest in the Easement Area and gives no warranty of title or priority. It does not grant a right to use land outside Exhibit C, install utilities, park vehicles, store materials, or obstruct Grantor's remaining use of the Burdened Parcel.
Specific limits on access or users, if any: [________________________________]
Use and maintenance
Grantee will keep the Easement Area reasonably passable for the permitted access and will repair damage caused by Grantee's use or work. Grantor may use the Easement Area in any way that does not materially block the access granted here. Neither party may relocate the Easement Area without a written instrument signed by both parties and recorded in the county land records.
Maintenance cost allocation or surface standard, if different: [________________________________]
Duration and release
The easement begins on delivery of this signed Agreement and continues without a fixed expiration date. A release of the granted right must be signed by the then-current owner of the Benefited Parcel and recorded in the county land records. A written amendment or relocation must be signed by the owners of both parcels and recorded. This paragraph does not decide any other ground for termination under applicable law.
Execution
Witness our hands and seals on [__/__/____].
Grantor signature: [________________________________] (Seal)
Printed name and capacity: [________________________________]
Signed in our presence; we subscribe as witnesses to Grantor's signature:
Witness 1 signature: [________________________________]
Witness 1 printed name: [________________________________]
Witness 2 signature: [________________________________]
Witness 2 printed name: [________________________________]
Grantee acceptance signature: [________________________________]
Printed name and capacity: [________________________________]
Grantor acknowledgment
State of [________________]
County of [________________]
I, [________________________________], [official title], certify that [GRANTOR NAME], [representative capacity, if applicable], personally appeared before me on [__/__/____] and acknowledged the due execution of this Easement Agreement in the presence of the two witnesses named above.
Official signature: [________________________________]
Printed name and title: [________________________________]
My commission expires, if applicable: [__/__/____]
Official seal, if required: [________________________________]
Exhibit A — Burdened Parcel
Full legal description:
[____________________________________________________________]
[____________________________________________________________]
Derivation: Grantor acquired title from [PRIOR GRANTOR / DECEDENT] by [DEED / INHERITANCE / DEVISE] on or about [__/__/____]. If by deed, its recording date is [__/__/____], recorded in [________________] County as [BOOK / INSTRUMENT NUMBER] [____________], [PAGE, IF ANY] [____________]. If by inheritance or devise through an administered estate, the probate court is [________________________________].
Exhibit B — Benefited Parcel
Full legal description:
[____________________________________________________________]
[____________________________________________________________]
Exhibit C — Easement Area
Metes and bounds or other precise description of the area within Exhibit A:
[____________________________________________________________]
[____________________________________________________________]
Attached survey or plat identification, if any: [________________________________]
About this template
- Last updated
- October 17, 2026
- Citations checked
- October 17, 2026
- Jurisdiction
- South Carolina
- Category
- Real Estate
Legal authority
- S.C. Code Ann. § 30-5-30(B) (two-witness acknowledgment route for recording)
- S.C. Code Ann. § 30-5-35(a) (derivation clause and grantee mailing address)
- S.C. Code Ann. § 30-7-10 (recording priority for conveyances affecting land)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 17, 2026.
S.C. Code Ann. § 30-5-30 (checked October 17, 2026): "Except as otherwise provided by statute, before any deed or other instrument in writing can be recorded in this State, it must be acknowledged or proved by the method described in subsection (A)(1), (A)(2), or (B)."
S.C. Code Ann. § 30-5-30(B) (checked October 17, 2026): "A deed or other instrument must be signed by the grantor, mortgagor, vendor, or lessor and the signing must be acknowledged by the grantor, mortgagor, vendor, or lessor in the presence of two witnesses, taken before some officer within this State competent to administer an oath."
S.C. Code Ann. § 30-5-35(a) (checked October 17, 2026): "All deeds conveying an interest in land and all mortgages of real estate executed after July 1, 1976, must include a derivation clause in the property description and there must be inscribed on the deed or mortgage the mailing address of the grantee or mortgagee."
S.C. Code Ann. § 30-5-35(a) (checked October 17, 2026): "When the grantor's or mortgagor's title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed."
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