If you and a neighbor disagree about where your land ends and theirs begins, you have a boundary dispute. Most start small, like a fence, a shed, or a row of trees that sits a few feet over the line. Unfortunately, while common, these cases can affect your property’s value, ability to sell, and relationship with your neighbors.
Knowing your legal rights under state law gives you the power to handle these disagreements early. The Camden real estate lawyers at Savage, Royall & Sheheen, LLP help property owners resolve boundary disputes quickly and correctly.
Common Causes of Boundary and Encroachment Disputes
Boundary disputes usually start with an honest mistake. An old deed may use vague language, for example, or a fence built decades ago may not match the true line.
Common types of boundary disputes include:
- Fences or walls that cross the line
- Sheds, garages, driveways, or decks that sit on a neighbor’s land, which is called an encroachment
- Trees, hedges, or landscaping planted over a line
- Shared driveway and easement disagreements
- Confusion after a lot is split or a new subdivision is mapped
An encroachment is any structure or object that sits on land owned by someone else. Even a small one can cause trouble when you sell or refinance, because a title company may flag it and hold up the closing.
How South Carolina Law Defines Property Boundaries
In South Carolina, your property line is set by your recorded deed and the plat filed with the county Register of Deeds. A plat is a drawn map that shows the size and shape of your lot.
When the words in a deed and the marks on the ground do not match, a licensed land surveyor is often the first step. A current survey measures the corners and compares them to the recorded records.
State courts also apply a few rules when the paper record is unclear. One is boundary by agreement, where neighbors set a line and treat it as final. Another is boundary by acquiescence, where both sides accept a line, such as a long-standing fence, over many years. These rules can control the outcome even when a deed reads a little differently.
Understanding Adverse Possession in South Carolina
Adverse possession can give ownership of land to someone who is not the owner on record. It matters in boundary disputes because a neighbor who uses part of your land long enough may try to claim it.
To win an adverse possession claim, a person must prove they held the land in a way that was actual, open, notorious, hostile, exclusive, and continuous for 10 years. State law sets this period under S.C. Code Ann. § 15-67-210. The claim must be proven by clear and convincing evidence, which is a high bar.
The 10-year clock must run without a real break. If the owner gave permission to use the land, the use is not hostile, and the claim fails. Because these cases turn on the facts, courts often side with the owner on record.
Options for Resolving a Dispute: Agreement, Mediation, or Court
You do not always have to go to court to fix property boundary disputes. Homeowners usually have three paths to choose from:
- Boundary Line Agreements: Neighbors agree on a set line, hire a surveyor to mark it, and record a new boundary agreement deed with the county clerk.
- Mediation: A neutral third party sits down with both landowners to help reach a fair deal without court fees.
- Litigation: When talks break down, filing a formal lawsuit in civil court lets a judge or jury decide the true property line.
Putting a deal in writing and recording it protects both owners and any future buyer.
Quiet Title and Ejectment Actions Explained
When property lines remain uncertain, two specific lawsuits clear up ownership under South Carolina law.
A quiet title action asks a court to decide who owns the disputed strip and to clear any competing claim on the title. The result is a court order that settles ownership and cleans up the title.
An ejectment action asks the court to remove someone who is on your land without a legal right and to give possession back to you. Owners use it when a neighbor refuses to move a structure or leave the disputed area. Either action can also include a claim for money damages if the land was harmed.
Which Court Handles Your Boundary Dispute?
Most property boundary disputes in South Carolina are filed in the Court of Common Pleas, in the county where the land sits.
Quiet title and other equity cases are often referred to a Master-in-Equity, a judge who hears real estate matters without a jury. A very small boundary claim can sometimes start in magistrate court, but questions about title usually belong in the higher court.
When to Involve a Real Estate Attorney
Contact a real estate attorney early, before you move a fence, sign anything, or let a problem sit for years. Small steps taken now can keep a minor issue from becoming costly later.
An attorney can read your deed and plat, order and review a survey, draft and record a boundary agreement, and file a quiet title or ejectment action when needed. Early advice also protects your rights under the 10-year adverse possession rule.
Contact Our Real Estate Attorney
At Savage, Royall & Sheheen, LLP, we use our experience to handle all types of boundary disputes, and we fight to protect your rights and land investments.
If a boundary dispute is affecting your property, our real estate team can review your records and explain your options. Contact us at 803-432-4391 to schedule a consultation.