Process for Encroachment Request for Real Estate Closings

Under the 1974 Covenants “Open Space” is defined as land covered by natural vegetation or water, including lakes, lagoons and areas built up by spoil operation. Community Services Associates, Inc. (“CSA”) owns and maintains some of the open space within Sea Pines. The CSA Board has adopted a policy (the “Policy”), see attachment A, establishing procedures to request approval for encroachment into CSA Open Space due to landscaping or construction by Sea Pines Property Owners.

The following guide has been established to assist property owners and contractors with the encroachment request process. Multiple entities are involved and circumstances may vary; each property owner is responsible for ensuring they have received all necessary approvals and an Encroachment Agreement from CSA before the Real Estate Closing occurs.

The following steps are required to obtain an encroachment agreement:

1. Contact CSA, Joan Berger at joan@csaseapines.com and provide the following information:

• • • Property address
    • Name of current property owner(s)
    • Detail description of possible encroachment
    • Survey of area

If CSA determines the nonexistence of an encroachment agreement for the property, then the current property owner(s) will be required to obtain an encroachment agreement from CSA before the Real Estate Closing occurs.

2. Complete CSA Encroachment Agreement Application (see attachment B) and submit to CSA the following:

• Complete and signed Application.
• Detailed description of the request and need.
• As-built survey (less than two (2) years old) depicting all improvements, easements and denoting the encroachment location prepared by a professional or registered land surveyor.
• Non-refundable Application fee of $1,000.00, payable to Community Services Associates, Inc.
• Letter/email of Authorization if Application is signed by Agent on behalf of Owner.

Upon receipt of a complete application and all requested documentation, a CSA representative will make an initial site visit to evaluate the area, confirm the encroachment and make recommendations to the CSA President.

CSA reserves the right to hold processing of any application until all assessments and any outstanding fees have been paid in full by owner(s).

3. Upon receipt of the CSA representative’s recommendations for the evaluated area, the documentation will be submitted to the CSA Board for final approval.

4. If the CSA Board approves the encroachment into the CSA Open Space, CSA will draft an encroachment agreement to be signed by the property owner(s) which will be filed with the Office of the Register of Deeds for Beaufort County, South Carolina.

5. Once CSA receives the signed encroachment agreement and acknowledgment of recording with the Office of the Register of Deeds for Beaufort County, South Carolina, property owners may proceed with the Real Estate Closing.

Should you have questions or require additional information please contact Joan Berger, CSA’s Document Administrator at 843-671-7853 or joan@csaseapines.com

• Attachment A. CSA Encroachment Agreement Policy (Download)
• Attachment B. CSA Encroachment Agreement Application (Download)

*Should you need to request a variance letter regarding the property please contact the Sea Pines Architectural Review Board (“ARB”) Administrator Ken Rabon at kenr@seapinesarb.com