Legal Question in Real Estate Law in South Carolina

Property encroachment

What actions may be taken for a neighbor who plants trees/plants on/and over the property boundary line, and the

neighbor has ignored all warnings about the encroachment. Is it legal to place a boundary marker such as a string to

mark the property line(s)?


Asked on 7/23/03, 12:39 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Property encroachment

Nieghbors cannot plant on your property without permission. You can mark the boundary of your property. The neighbor can be made to remove unauthorized plantings on your property. However, you are the one who must enforce your rights. In some cases use of your property by a neighbor may cause you to lose your property. It is called adverse possession.

Having said that, you should try to talk to to your neighbor about this concern without legal action. Law suits do not build good neighbors.

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Answered on 7/23/03, 12:56 pm


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