South Carolina Agreement between Adjoining Landowners to Maintain Partition Fence

State:
Multi-State
Control #:
US-13402BG
Format:
Word; 
Rich Text
Instant download

Description

A Partition fence means a fence that is located on the division line between the adjoining properties of two owners. This form is a sample of an agreement to maintain such a fence.
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FAQ

A person may have a title that they believe is valid to the property, but it turns out it isn't. As long as he or she openly occupies the property for 10 years with this invalid title, then he or she will have adversely possessed the property. This is called adverse possession under ?color of title.?

The South Carolina rule is that a boundary line may be permanently established by parol agreement of the adjoining landowners when there is doubt or uncertainty or a dispute has arisen as to the true location of the boundary line.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

As a rule, if a fence is not a boundary fence, it must be built at least two feet inside your property line. The best options for building near a neighbor's existing fence are placing the new one right up against the current one or leaving enough space between the fences for someone to mow.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Technically, if the fence is within their property boundary, they have every right to do what they want, as long as it meets the maximum fencing height standards.

Single-family attached residences, multi-family residences, and mixed use buildings shall have a building setback with a minimum of five (5) feet and a maximum of ten (10) feet; provided, however, if the building is on a major arterial road, a ten (10) foot setback is required.

South Carolina doesn't have any specific state law that defines boundary line fences, although local ordinances may provide such a definition. Instead, much of the state's fencing laws reflect the agricultural history of the state and deal with issues such as animals wandering onto property.

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South Carolina Agreement between Adjoining Landowners to Maintain Partition Fence