Property Disputes in Greenville, SC
Property disputes in South Carolina are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Greenville, South Carolina. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Greenville, SC property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The Greenville County Circuit Court handles most property disputes in Greenville. However, if your case involves less than $7,500, the Greenville County Magistrate Court has jurisdiction.
Common Types of Greenville, South Carolina Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Greenville where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Greenville, South Carolina Property Disputes
Trees and their branches can sometimes be a source of friction between Greenville neighbors. Under common law principles, landowners can typically trim branches of a neighboring tree that crosses the property line. However, you must be very careful not to damage the tree. South Carolina law criminalizes damaging someone else’s tree. Furthermore, it is also a crime to cut down a tree that sits on the property line unless both property owners consent.
Another potential source of Greenville property disputes is the noise, smell, and pollution from agricultural operations. However, South Carolina’s Right to Farm Act prohibits most nuisance lawsuits against farmers. The law is very broad, protecting a wide range of industries, as long as their actions are not negligent or illegal. Nevertheless, agricultural operations in Greenville must still abide by the city’s zoning ordinances.
Legal Process for Boundary Disputes In Greenville, South Carolina
Has someone brought a property dispute against you in Greenville, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Greenville, SC property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
South Carolina statutes regulate the confinement of livestock in an agricultural setting. However, they do not directly address other fence and boundary issues. Fortunately, the Greenville Municipal Code provides some guidance for fences in the city. For instance, fences cannot block traffic sightlines or be more than 7 feet tall. In addition, barbed wire and electric fences are subject to strict safety regulations.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Greenville, South Carolina can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Greenville attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
The most practical solution for both parties is often to settle the dispute out of court, as this helps avoid costly litigation fees. However, if negotiations reach an impasse, filing the dispute with the court may be necessary. The court will carefully examine the evidence provided and issue a legally binding decision regarding ownership of the , property in question. Keep in mind, the ruling may not align with your expectations. For this reason, it’s generally in your best interest to pursue a resolution through settlement whenever possible.
Property dispute cases in Greenville are under the jurisdiction of either the Greenville County Circuit Court or the county Magistrate Court. The venue for your case will typically depend on the amount of damages in question.
Work With an Experienced Local Property Dispute Lawyer In Greenville, South Carolina
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Greenville property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across South Carolina state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
