South Carolina property laws govern backyard fences through deed descriptions, boundary rules, and nuisance statutes, often requiring surveys to resolve disputes. Deeds define exact property lines, and fences crossing them without agreement can lead to encroachment claims or adverse possession risks. Local ordinances and the Partition Fence Act further dictate shared responsibilities.
Deed Boundaries
Deeds recorded after 1976 must include a derivation clause tracing title history, ensuring clear property descriptions that control fence placement. South Carolina Code §27-5-130 presumes deeds convey full fee simple interest unless specified otherwise, so ambiguous language favors the grantee in boundary fights. Always verify via a professional survey, as metes-and-bounds or plat references pinpoint lines.​
Fence Regulations
The Partition Fence Act (SC Code §31-6-10) requires adjoining owners to share costs for division fences over six feet tall if mutually beneficial, typically 4-6 feet for residential use. Fences cannot encroach without permission; violations allow self-help removal or quiet title actions after notice. Local zoning (e.g., Lowcountry counties) caps heights at 6-8 feet in rear yards and mandates sight visibility at corners.​
Dispute Resolution
Encroachment disputes start with a licensed surveyor’s report, followed by demand letters or mediation. Courts award injunctions, damages, or fence relocation based on willfulness and harm, with adverse possession possible after 10-20 years of open use. Homeowners associations add covenants enforceable via fines.​
