Easement Rights And Right Of Way Accesses
Easement rights and right of way accesses can have major impacts on real estate throughout the state of South Carolina. At Bannister, Wyatt & Stalvey, LLC, our real estate attorneys are extremely familiar with the creation and termination of easements and right of ways, and are thorough in their interpretation and enforcement of these rights. We’ve worked in the Greenville, SC real estate market for years and our real estate attorneys bring the knowledge and dedication needed to provide complete and comprehensive services. Our attorneys are available for a free consultation to discuss your easement or right of way issues.
What You Need To Know:
An easement and right of way access are essentially the same – both are legal rights to use land owned by someone else for a particular purpose; however, an easement will convey with a property (the easement always exists with the property, regardless of who owns it), while a right of way is granted by a current property owner and may not be recognized by a future property owner. Easements and right of ways affect all types of real estate property.
Because easements are part of the land, it falls to the subsequent purchasers to find out what easements a property has. Usually easements are in writing, and are referred to in a property’s deed or title papers.
Depending on your situation, consulting a real estate attorney can be extremely helpful. There are a number of situations in which a real estate attorney with a background in easements or right of ways law can help you.
Whether you need an experienced professional to explain current easements on an impending land purchase, or you need someone to resolve a land use dispute, our real estate attorneys are here for you. We provide consultations and are happy to review your situation for free. To set up an appointment, please call our office at 864-298-0084 or contact us online .
Real Estate Law Attorneys
As an associate at Bannister, Wyatt & Stalvey, Luke Burke’s main area of practice is in Civil Litigation, with a primary focus on Family Law, Real Estate Litigation, and Business Litigation.
Mr. Burke received his bachelor’s degree from the University of Notre Dame in 2002, and held a position as a software engineer and developer for several years before entering law school.
In 2011, Mr. Burke graduated with honors from the University of South Carolina School of Law and became a member of the South Carolina Bar. During his time at USC, he was a distinguished member of the South Carolina Law Review, Order of the Coif, and Order of Wig and Robe.
A Chicago native, Mr. Burke relocated to Greenville in 2006 after observing the exciting revitalization occurring in the upstate. He and his wife, Megan, currently reside in Taylors and enjoy taking advantage of the many outdoor festivals and fine cuisine Greenville has to offer.
Prior to joining Bannister, Wyatt & Stalvey, Mr. Burke served as an associate attorney with Moon Law where his practice focused on litigation. He also holds past experience with the University of South Carolina Intellectual Property Office, where he drafted contracts, licenses, and compliance reports, and assisted in obtaining patents for USC inventions.
- Greenville County Bar
- South Carolina Bar
- Federal Bar Association (District of South Carolina)
- Order of Wig and Robe
- Order of the Coif
Bruce Wyche Bannister is a partner of Bannister, Wyatt, & Stalvey, LLC and a member of the South Carolina House of Representatives.
Mr. Bannister graduated from Davidson College in 1995 and went on to earn his law degree from the University of South Carolina in 1998.
Mr. Bannister focuses on Family Law, Eminent Domain, and Real Estate Law. He has tried cases involving Personal Injury, Premises Liability, Eminent Domain, Education Law, Residential Real Estate, Commercial Real Estate, Government, Zoning, Planning, and Land Use.
Admitted to the practice of law in South Carolina in 1998, Mr. Bannister was elected as the SC House District 24 Representative in 2005. He currently serves on the Judiciary Committee and is Chairman of the Constitutional Laws Subcommittee. Mr. Bannister was elected by his peers to serve as the Assistant Majority leader for the SC House Republican Caucus from 2008-2012, and now serves as the House Majority Leader. He also serves as the Chairman of the South Carolina Bar Lawyer Legislator task force.
Mr. Bannister is a lifelong resident of Greenville, where he serves as a member of the Wig and Robe, Greenville County Young Lawyers, South Carolina Bar, and the Better Business Bureau. He is a LexisNexis Martindale-Hubbell Peer Review Rated lawyer, and has also taught as an adjunct professor at Greenville Technical College. He also holds previous experience as a law clerk to the Honorable Larry R. Patterson, Circuit Court Judge.
As an active member within the community, Mr. Bannister is a graduate of Leadership Greenville Class XXVI and a member of Liberty Fellowship’s Class of 2014. He currently serves as a board member for the Children’s Museum of the Upstate and the Andrews Society of Greenville. He is a past Board Member for the Greenville Peace Center and a Child’s Haven. In 2011, Mr. Bannister received the Children’s Hospital Legislative Advocacy Award for his efforts on behalf of the SC Institute for Child Success.
Bruce W. Bannister focuses his experience on Family Law, Eminent Domain, and Real Estate Law. As a practicing family law and real estate lawyer, Mr. Bannister tries cases involving premises liability, personal injury, education law, zoning, planning, and land use.
Mr. McDonald is an associate in the firm, and his practice is primarily focused on real estate transactions, both residential and commercial. He also handles foreclosures, collections and probate law.
Mr. McDonald graduated from Clemson University in 1995 with a Bachelor of Arts in History. In 2000, he received his Law Degree from The University of South Carolina and was admitted to the practice of law in South Carolina.
Upon graduation, Mr. McDonald served as law clerk for the Honorable Wyatt T. Saunders, Jr., Judge for the Eighth Judicial Circuit. Following his clerkship, he was an Associate at Hawkins, Richardson & Associates P.C. and Wendell L. Hawkins, P.A. Throughout his career, Mr. McDonald has continued to concentrate his practice on real estate.
Born and raised in Greenville, Mr. McDonald shares Bannister & Wyatt’s passion for the Greenville community. He is a member of the South Carolina Bar and the Greenville County Bar Associations.
A founding partner of Bannister, Wyatt & Stalvey, John F. Wyatt has practiced law at Bannister, Wyatt & Stalvey since its inception. Mr. Wyatt graduated from The Citadel in 1967 and received his J.D. from the University of South Carolina in 1970. He was admitted to the South Carolina Bar in 1970 and the U.S. Court of Appeals Fourth Circuit in 1974.
Mr. Wyatt served as a captain in the U.S. Army from 1967-1975. He was born in Greenville in 1944 and has received a listing in Best Lawyers in America for 15+ years (1999-present). He has been listed in “Super Lawyers” since 2010, and he was also listed in Best Lawyers in America, Property/Real Estate in 2004.
Mr. Wyatt focuses on Real Estate and Property Law. He has tried cases in Commercial Real Estate, Real Estate Foreclosure, Real Property Acquisitions, Planning and Land Use and Eminent Domain.
He is a member of the Greenville County Bar Association (Member, Real Estate Section), the South Carolina Bar (Chairman, Real Estate Section, 1989-1990; Member, Real Estate Section Council) and the South Carolina Bankruptcy Law Association (Board of Directors, 1991-1993). He is also LexisNexis Martindale-Hubbell Peer Review Rated.