A Neighbour cut down my tree in South Carolina

South Carolina does not have a tree law that prohibits neighbours from cutting down trees that hang over the property line or on property lines unless the tree is protected by the city ordinance. Either you or your neighbour can cut back the branches overhanging the property line, even if it kills the tree and it falls on your neighbour’s land.

According to the South Carolina State Bar Association: “Under the common enemy law, a landowner or person in possession or control of the land can cut down or destroy any tree or shrub that is growing over their property line without being liable to damages.”

My neighbour cut my tree in South Carolina

In the State of South Carolina, if your neighbour cuts down any tree on your property without prior consent, they have committed a criminal offence. Even if it is a tree that has been dying or causing damage to their property, they are responsible for compensating you.

My tree branches overhang my property in South Carolina

In most cases, no matter what the tree is, if any branch overhangs a neighbour’s property, the owner of the property will have the legal right to a tree trimming. The owner may choose to trim the branches or even remove the part that hangs over his property line.

My neighbour damaged my tree on my property in South Carolina

The South Carolina tree law requires a neighbour to receive permission from the owner before cutting or trimming a tree on someone else’s land. Such permission is obtained by allowing the person who owns the property to inspect the tree for damage that may be done to the tree. Once the inspection has been completed then the owner of the property will know if there is any damage and he/she can then take action against you in court.

Damaged trees fall under the “Right to Farm” in South Carolina. Unless you have proof that it was malicious or deliberate, there is no recourse. It is considered an act of god.

My neighbour’s tree roots or branches damaged my property in South Carolina

Your neighbour’s tree roots or branches damaged your property in South Carolina, and now you’re wondering who is responsible for the cost of repairs. South Carolina law is different from most states in that it does not hold property owners liable for damage caused by natural elements, such as rain, snow, wind and the sun. This includes trees, so your neighbour has no legal obligation to maintain his trees in a way that prevents them from damaging your property. However, if he was aware that a large tree could fall on your fence or house — say a branch had already fallen — then he may be liable.

Can my neighbour make me cut my tree?

If your neighbour’s property is damaged by a tree on your land and they can prove that the damage was caused by a reasonably foreseeable risk, they can force you to pay for the repairs.

Tree roots or branches overhanging my neighbour’s property

If you have trees with roots or branches overhanging your neighbour’s property, they will usually not be allowed to trim the roots or branches themselves as this could cause serious damage to the tree. Your neighbour will have to ask you in writing to cut back the roots and branches. If you refuse, they might decide to take court action against you.

How can I get my neighbour to cut his dead tree in South Carolina?

In South Carolina, under the tree law if a tree or limb of a tree falls from one property to another it is still considered to be on the property on which it grew. Therefore, it is the responsibility of the owner of the tree to remove it. In this case, you are responsible for removing the fallen tree and all debris from your neighbour’s property. If they wish to have the other half cut down they may do so at their expense but there is no requirement to do so.

What happens if I cut my neighbour’s tree down in South Carolina?

In South Carolina, a landowner has the right to trim overhanging branches if they do not encroach on their neighbour’s property. This can be done without notice or permission. However, if a tree is located on the border between two properties, the landowner is only allowed to cut up to the property line.

If roots are encroaching on your property, you can cut them and reclaim your land. If a tree damages a fence or another structure, you can remove it and sue your neighbour for damages. Any trees that might fall into a house or other structure can also be removed and sued for damages.

However, if you cut down your neighbour’s tree without permission and it was not causing any damage or danger to you or your property, then it could be considered vandalism.

If a tree is cut down on my property by a neighbour how much money should I receive in damages?

Property owners are responsible for the trees on their property. If a tree falls over onto your property and damages your home, you can sue for damages. However, if a tree is cut down or damaged by someone else, you would only have a claim if the person who damaged it was negligent or acted unlawfully.

For example, in one case, a neighbour built a house near a tree on the plaintiff’s property and the tree subsequently died from lack of water. The plaintiff sued and won not only because the root system was damaged but also because the tree had been part of his land for so long that it was part of his property rights.

In another case, the neighbour deliberately cut back some branches of an adjoining tree without permission. This was found to be trespass even though the owner was not aware of it at the time.

If your property was damaged click here to see if you might have a case.