Brooks v. Council of Co-Owners of Stones Throw Horizontal Property Regime I

Harwell, Chief Justice:

Russell E. Brooks (Buyer) argues that the trial judge erred in holding that as the purchaser of real estate pursuant to an executory contract, he may not maintain an action for nuisance. We agree and reverse.

I. Facts

In 1982, Buyer contracted to purchase a condominium on Hilton Head Island from his brother and sister-in-law, Robert N. Brooks and Charlotte E. Brooks (Sellers). Pursuant to the contract, Buyer gave Sellers a down payment and a note for the balance of the purchase price. Simultaneously, Sellers executed a deed and placed it in escrow to be delivered to Buyer…