I own property in Laurens County, I want to know the laws on someone putting up a privacy fence?

My rude and unruly neighbors built a privacy fence and it is on my land. I had a surveyor come out and show them that it was and they have done nothing about correcting their mistake. The fence has not even been up a year and it looks terrible, they also just posted a No Trespassing sign on it facing my property as well. I want to know what I can do about getting them to move it off my property.

Asked on November 19, 2018 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You would have to file an action in county court, likely in what is called "chancery" or "general equity" court, seeking a declaratory judgment, or official court determination, of where the boundaries are (and so that the fence is on your land) and a court order requiring your neighbor to move the fence. If you want to explore this option, consult with an attorney--it can be procedurally complex to bring a case for other than monetary compensation. You will need the surveyor to come to court and testify (under evidnece rules, you can't put in or rely upon his survey without his presence) and so have to pay for his time as well as the attorney.


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