Illegal(?) Removal of Shared Boundary Fence (York County, S.C.)

[Tenacious]

Can anyone please tell me how to find detailed information concerning the specific federal law referred to in the following statement I read in an article regarding fences? "FEDERAL law mandates that a boundary fence may not be removed without the permission of the other owner. Removing a boundary fence without agreement is cause for civil action." I have found numerous references that mention it is illegal to remove a boundary fence without the consent of both parties, but was encouraged to find that federal law actually applies to this. Based on the research I have done up to this point, there is no South Carolina state law governing boundary fences, nor is there any York County ordinance for this. However, I also read another article that specified that, generally, state law is trumped by federal law. If there is information contrary to what I have found, please also let me know this.

Thank you!

 

[army judge]

Interesting question, Tenacious.


South Carolina does not have any law defining and regulating boundary fences.
In some cases, a local ordinance (in your city, county, or town) governs boundary fence disputes.

Absent any such ordinance, one could try to bring a claim under rules of equity, or a common law claim.
To attempt such a feat, you'd need to find existing case law to support your claim.
Be further advised, that can be a daunting, if not impossible task.
It's not unusual for Lady Justice to not remove her blindfold.
Should that be the case, there might not be any remedy.

Going forward, one would simply reinstall a boundary fence six inches to a couple of feet inside of their property boundary.