Lowcountry Open Land Trust v. State

SHULER, J.:

In this quiet title action, James A. Atkins appeals the master-in-equity’s ruling that Lowcountry Open Land Trust, as fee simple owner of tidelands adjoining the Ashley River, can bar Atkins from “wharfing out” over its land to obtain access to the river. We affirm.

FACTS/PROCEDURAL HISTORY

By deed dated June 7, 1991, the Legare family donated 448.40 acres of marshland on the west bank of the Ashley River to Lowcountry Open Land Trust (LOLT). 1 Two months later James Atkins purchased an adjacent upland lot. Thereafter, the South Carolina Department of Health and Environmental Control…