Patricia purchases a condominium unit in a Myrtle Beach development governed by the South Carolina Horizontal Property Act. She wants to understand what she actually owns. Which of the following most accurately describes Patricia's ownership interest under that Act?
Correct Answer
A) She owns the airspace within her unit boundaries and an undivided interest in the common elements as a tenant in common with other unit owners
Under the South Carolina Horizontal Property Act (S.C. Code Ann. §§ 27-31-10 et seq.), a condominium unit owner holds fee simple title to the airspace within the boundaries of the unit as defined in the master deed, plus an undivided interest in the common elements (hallways, roof, exterior walls, amenities, land) as a tenant in common with all other unit owners. This dual ownership structure — exclusive unit ownership plus shared common element ownership — is the defining characteristic of condominium ownership under SC law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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