D. Defenses

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

D. Defenses

Courts have rarely discussed defenses to an action seeking a prescriptive easement. Estoppel has been raised as a defense to the establishment of a prescriptive easement.⁴⁰ Defenses to a claim for adverse possession may apply. Adverse possession will not lie against the state or its political subdivisions.⁴¹ Laches is another possible defense.⁴²

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Notes:

^[40] Sanitary & Aseptic Package Co. v. Shealy, 205 S.C. 198, 31 S.E.2d 253 (S.C. 1944). Compare Frazier v. Smallseed, 384 S.C. 56, 682 S.E.2d 8...