West Ashley Neighbors in Court Over Disputed Fence Line — SC Property Boundary Law Explained
A West Ashley property boundary dispute escalated into a civil lawsuit after neighbors erected a fence across what the plaintiff claims is their land. David Traywick explains how SC courts resolve property line disputes.
Informational purposes only. This article discusses a recent news event and does not constitute legal advice. Every case is different — contact Traywick Law Offices for a free evaluation.
The Incident
In West Ashley, a property boundary dispute between neighbors has escalated into a civil lawsuit. The conflict began when one party erected a fence that the plaintiff claims encroaches on their land. This disagreement over property lines has now landed in court, with both sides presenting evidence to assert their ownership of the disputed area.
Boundary disputes like this are not uncommon in Charleston, where older plats and unclear markings can lead to confusion. In this case, the plaintiff alleges that the fence was installed without their consent and crosses into land that they have maintained for years. The defendant, however, argues that the fence was built within the limits of their property as defined by a recent survey.
What South Carolina Law Says
South Carolina law provides specific guidelines for resolving property boundary disputes. Under SC Code § 15-67-210, courts may order a survey to establish the true boundary line when ownership is contested. Additionally, SC Code § 27-31-10 addresses adverse possession, which allows a party to claim ownership of land they have occupied and maintained for a certain period, typically ten years.
In cases like this, the court will consider evidence such as property deeds, surveys, and historical use of the land. If the plaintiff can prove that the disputed area has been exclusively used and maintained by them for the statutory period, they may have grounds to claim ownership under adverse possession laws. On the other hand, the defendant’s reliance on a recent survey could also hold weight if the survey aligns with the legal description in their deed.
Your Rights and Options
If you find yourself in a property boundary dispute, the first step is to review your deed and any surveys associated with your property. These documents are critical in establishing the legal boundaries of your land. Hiring a licensed surveyor to conduct an updated survey can also provide clarity.
Next, gather evidence of your historical use of the disputed area, such as photographs, maintenance records, or witness statements. This documentation can be crucial if you need to assert a claim of adverse possession. Consulting an experienced property litigation attorney is highly recommended to navigate the complexities of South Carolina property law.
Finally, consider mediation as an alternative to a lengthy court battle. A neutral third party can help both sides reach a compromise that avoids costly litigation.
What I Look For When Evaluating These Cases
When evaluating property boundary disputes, I look for clear evidence of ownership, such as deeds, surveys, and tax records. I also examine the plaintiff’s history of use and maintenance of the land, as these factors are pivotal in adverse possession claims. Strong cases often include detailed documentation and credible witness testimony.
Additionally, the timing of the dispute and any prior agreements between the parties can play a significant role in determining the outcome.
How Insurance Companies Will Fight Back
In property disputes, insurance companies representing the defendant may argue that the fence was installed based on a valid survey and within the legal boundaries. They may also challenge the plaintiff’s evidence of adverse possession, claiming that the use of the land was not exclusive or continuous.
These companies often rely on procedural defenses, such as questioning the admissibility of evidence or disputing the qualifications of expert witnesses like surveyors.
Related Practice Areas at Traywick Law Offices
At Traywick Law Offices, we handle cases related to property disputes and other civil litigation matters. Learn more about our services in construction defect law or premises liability.
My Final Thoughts
Property boundary disputes can be emotionally and financially draining, but South Carolina law provides avenues for resolution. As an attorney, my goal is to help clients protect their rights and reach a fair outcome. If you’re facing a similar issue, don’t hesitate to seek legal guidance to navigate this complex area of law.
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