A pair of new bills introduced by Marion Democrats Lucas Atkinson and Kent Williams seek to address the issue of property line disputes related to tree trimming in South Carolina. The proposed legislation would eliminate criminal charges for trimming trees that encroach on a neighbor’s property, while still allowing for civil actions to be taken. The bills were prompted by reports of tree trimmings tied to local football rivalries and concerns raised by local police.
While the proposed change aims to clarify existing state law, some limitations remain, particularly regarding dead or dying trees that pose a threat to neighboring properties. Despite the elimination of criminal charges, the bills provide opportunities for personal injury attorneys to seek civil damages against neighbors for harm caused to trees.
Attorney McDaniel emphasized the importance of finding flexibility within the law to address the nuances of property disputes involving trees. While the bills aim to clarify certain aspects of the law, they do leave some uncertainty regarding homeowner’s rights in specific situations.
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