Real Estate Litigation In Charleston County SC

Your real estate is a key component of your long-term wealth. Navigating real estate related legal disputes to protect the value of your investment requires a knowledgeable legal team. When you buy residential property in South Carolina, you have a right to rely on certain information that is disclosed by the seller. From property disclosure disputes to disputed easement issues, timber theft issues, or stormwater flooding disputes, our team will thoroughly investigate your matter and advocate for you, whether that involves assisting you to reach a mediated resolution that safeguards your rights and interests, or litigating to protect your rights in court.
Here are some of the areas of real estate litigation matters we can help you with:
Contact Us Today

Property Disclosure Disputes:

A property disclosure dispute can arise when a residential seller (or the seller’s agent) has not disclosed all material information known about the property to a potential buyer. This can involve the existence of roof or window leaks, wood destroying insects, flooding, special assessments, structural issues, or wood rot, to name a few. We have experience in enforcing our clients’ rights pursuant to the South Carolina Residential Property Condition Disclosure Act, and we are committed to helping our clients get the best possible outcome. When you work with us, we will carefully investigate the claims made and build a strong case to advocate for your best interests throughout the process. Whether you’re seeking compensation, or to simply have the seller follow through on its contractual responsibilities arising from a Repair Addendum, we are here to help.

Specific Performance and Partition Actions:

If a seller has refused to close on your real estate contract without valid, legal justification, you may be able to petition the courts to enforce the provisions of your real estate agreement to obtain the specific property that you contracted for. This is called specific performance. This is a very time-sensitive remedy and cannot be achieved once another buyer purchases the property, so you must contact a knowledgeable attorney quickly if you feel that your seller has wrongfully refused to go to closing. Additionally, sometimes one ends up co-owning property with one or more co-owners who may not want to sell the property. A partition action allows one to apply for a court order to sell the property so that the co-owners can receive the value of their property interests.


An easement is simply the right to use someone else’s real property for a specific purpose. Easements are typically granted for limited purposes, such as using a driveway or gaining access to water or other utilities. However, there are other easements that are either express or implied, such as easements by necessity, easements created by contract or deed, or easements that are gained over time by continued and uninterrupted use for a period of years. Disputes often arise when there’s disagreement over the use or extent of easements. These conflicts can involve issues of overuse, obstruction, attempts to move or redefine the boundaries of the easement, or misunderstanding of easement terms. Resolving such disputes requires careful legal analysis and knowledgeable representation.

Timber Theft:

Timber theft disputes arise when an adjacent landowner and its logging company trespasses on another owner’s land to illegally harvest trees. This can cause serious damage to your land, particularly if it was never your intention to sell your trees and the trespass has destroyed your buffer and impacted your enjoyment of your land. Often, the company that wrongfully cut your trees will offer you a very small check to compensate you for your loss. If someone has trespassed upon your land and cut down your trees, you may be entitled to civil damages that greatly exceed the “pulp value” of your trees.

Stormwater Disputes:

When a landowner changes the natural topography or landscaping of their land, it often results in an alteration of the natural flow of surface water – and flood the adjacent property as a result. Construction, such as a new parking lot, or simple mismanagement of stormwater can contribute to unwanted runoff from one property to another and can be both a nuisance and a financial hardship for the adjacent landowner. For disputes involving drainage and storm water runoff, it is crucial that you discuss your problem with an attorney that can assist you in determining whether the water that is flooding your property is legally actionable or not. This assessment is clearer under South Carolina water law when the adjacent landowner is artificially concentrating and discharging the water onto your property with a system of pipes. However, it can be more difficult to establish if the adjacent landowner merely builds up his land and the result is the occasional flooding of your property. The attorneys at KMB can help you assess your situation and advocate for a solution.

Put our experience in Real Estate Law to work for you today.