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tract of land in Clarendon County, South Carolina, near Lake
Marion. Mr. Hardy’s tract abutted land owned by H. F. Oliver.
Mr. Oliver had dug a canal on his land. The canal was connected
to Lake Marion and thus provided access to the lake. Mr. Oliver,
who was a land surveyor, had subdivided his property and sold
lots around his canal. The canal on Mr. Oliver’s property
terminated at Mr. Hardy’s tract, and Mr. Oliver persuaded Mr.
Hardy to dig a canal and subdivide in similar fashion. So Mr.
Hardy arranged to have a canal (the Canal) dug on his tract,
starting from the point where Mr. Oliver’s canal terminated, and
had Mr. Oliver survey and subdivide his tract into 28 lots
surrounding the Canal. He commenced selling the lots in March
1975 and sold the last one in August 1985.
The deeds conveying the 28 lots recited the various land
boundaries of each lot and further stated that each lot was bound
“by waters of Lake Marion [i.e., the Canal]”. The property plat
showing the subdivision of Mr. Hardy’s tract, which was
referenced in the deeds conveying the lots as providing a “more
particular description” of the lots, indicated that the lots
terminated at the “high water mark” of the Canal. The plat made
no reference to a low water mark or to any land between high and
low water mark. When Mr. Hardy offered the lots for sale, it was
his understanding that the lots extended to the center of the
Canal rather than terminating at the water’s edge, and he
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