Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-70 SO AS TO PRESCRIBE THE CONDITIONS AND THE PROCEDURE FOR CLAIMING MINERAL RIGHTS IN REAL PROPERTY PURSUANT TO ADVERSE POSSESSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 27 of the 1976 Code is amended by adding:
"Section 27-1-70. (A) If mineral rights are severed from surface rights of real property by a conveyance or reservation by the grantor, the owner of the real property in fee simple or his heirs or assigns may gain title to those severed mineral rights by adverse possession if the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights for a period of ten years immediately preceding the filing of a petition required by subsection (B).
(B) To obtain title to severed mineral rights in real property, the owner of the real property in fee simple must file a petition with the Court of Common Pleas for the county in which the property is located. The petition must demonstrate that:
(1) the plaintiff or his predecessors in title were granted a deed for the property;
(2) the conveyance either reserved the mineral rights for the grantor or that the plaintiff or his predecessor in title conveyed the mineral rights and reserved the surface rights in fee simple; and
(3) for a period of ten years after the conveyance and immediately before the filing of the petition, the owner of the mineral rights has neither worked nor attempted to work the mineral rights.
(C) Upon a finding in the plaintiff's favor the court shall issue a written order stating that the mineral rights have been granted the plaintiff through adverse possession. The order must be filed with the Clerk of Court for the county in which the property is located."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:52 P.M.