South Carolina Residential Real Estate Legal Questions

This is a sad state of affairs for you. As a lawyer who is an officer of the SC Courts, it is regrettable and though an apology from a member of the Bar will not correct your dilemma, I nonetheless apologize for all of us who diligently practice and protect our clients. Under the Rules of Professional Responsibility if a lawyer is suspended, even temporarily, a member of the bar is appointed by the Supreme Court to marshall the suspended lawyer's files and provide them upon request to the clients of the suspended lawyer. You should contact the Office of Disciplinary Counsel in Columbia, and find out who is in charge of the suspended lawyer's files. You can hire a lawyer now or after you retrieve the file but you need to retain a trial lawyer to help you through this unfortunate mess in which you find yourself. Please note this reply does not create nor should it be construed to create an attorney client relationship.  Best of luck to you; I hope you achieve a successful remedy.... Read Answer

The question posed is difficult to answer without a full review of the underlying documents of the transaction where you were given the "gift of equity." I recommend you go see a lawyer in your area, take all of your paperwork on the underlying gift including correspondence, including emails, you might have that clarifies the transaction. Some gifts can create a constructive trust so you need to be careful. A lawyer reviewing your facts in greater detail may be able to minimize your exposure to a claim that you were holding the property in trust for the benefit of the grantor. One too would want to discuss this with the grantor of the gift, and get perhaps a quit claim deed.  No Attorney/Client relationship is or shall be construed to be created hereby.... Read Answer

Preparation of a deed, whether by quit claim or warranty, is considered the practice of law in SC. A deed not prepared by a lawyer violates the rules against the unauthorized practice of law. You should have a lawyer prepare the deed. More importantly the purpose of the deed & consequences of the deed should be discussed with your lawyer for reasons that he/she can explain.... Read Answer

You should seek the advise of an attorney in your county or an adjoining county. Easements and there existence are and can be very difficult to ascertain. The existence of an easement is often contested. Thus, reasonable minds can and do differ on the existence as well as the scope of easements. The existence of an easement is generally a question of law for the Court (essentially contractual); while the scope of an easement is a question for the Court in equity (the issue is what's fair?).  Some access easements are expressly granted; others are implied. Some established by prescription and others by prior use. This is extremely complex law. Hence not all are obvious. The SC Supreme Court has recently described in several cases the purposes of lawyer oversight of real estate transactions in the State of SC. The cases describing these purposes should be reviewed in the context of the services you requested from the closing attorney. One suspects the mediator took all of your questions into account when you negotiated the settlement of the easement with the adverse party. For this reason, having settled the issue, you may be estopped from bringing a claim against the closing attorney.  This answer does not and should not be construed as establishing an attorney client relationship.  ... Read Answer

This sounds very fishy. I recommend you contact the SC Department of Consumer Affairs.  http://www.consumer.sc.gov/Pages/default.aspx   You can file a Complaint; or, the issue may be broader than this state alone. Perhaps SCDOCA can give you guidance on pursuing additional help from a federal agency, such as, the FBI.... Read Answer