In the early 1990s, we represented the Georgetown County League of Women Voters in the appeal of a permit for 22 docks for a development at the south tip of Litchfield Beach. We settled the case for reduction to 11 docks and a conservation easement over property south of the development. John L. Irvin #7, LLC, filed this current action claiming ownership of the property covered by our conservation easement. The associations are residents of the development and an adjoining development. We have been allowed to intervene on behalf of the League and the associations.
The case is in the Court of Common Pleas for Georgetown County and the case has been referred to Master in Equity Joe Crosby.
A key issue in the case is whether the deed to John L. Irvin # 7, LLC, has any validity. The deed was given by the person who was the purchaser at a tax sale. The tax sale was declared invalid by the Court in a prior action. Irvin’s deed was issued before the court order and there was no lis pendens filed in the tax sale suit, so Irvin claims that his deed was not affected by the court order. We believe that this is a very simple case. If Irvin’s deed is not thrown out, the title claim could become complex due to vagueness of old deeds and plats.
We were able to resolve this case by settlement agreement under which John L. Irvin agreed that he did not have good title.