Roosevelt Simmons, Petitioner v. Berkeley Electric Cooperative, Inc. and St. John’s Water Company, Inc., Respondents

Summary

The South Carolina Supreme Court reversed the Court of Appeals’ grant of summary judgment to St. John’s Water, finding a genuine issue of fact on the open and notorious elements of a prescriptive easement, and affirmed the summary judgment for Berkeley Electric that a prescriptive easement exists. The Court clarified that the third element of a prescriptive easement requires adverse use, not a separate claim‑of‑right method, and remanded for further proceedings on St. John’s Water.