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H 3624

Tree Limbs Encroaching Over Property Lines

2025-2026 Regular Session Introduced by Lucas Atkinson and 2 co-sponsors

Trimming tree limbs that encroach onto your property line is no longer a criminal violation under §16-11-520.

Referred to Committee on Judiciary
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Bill Summary · H 3624

Summary — H 3624: “Tree Limbs Encroaching Over Property Lines”

Status: Referred to Committee on Judiciary (introduced Feb 27, 2025).
Note: The bill text supplied combines material from multiple dockets (including a Massachusetts docket about train idling). The language that directly addresses tree limbs matches proposed amendments to South Carolina Code §16‑11‑520. This summary focuses on the tree‑limb provision contained in that text.

Main purpose

To clarify that the criminal prohibition on willful and malicious injury to another’s property does not apply to a person who trims tree limbs that encroach upon that person’s property line. In short: trimming encroaching branches is explicitly excluded from the statute’s criminal penalties.

Key provisions

  • Amends Section 16‑11‑520 (S.C. Code) — the criminal statute addressing willful, malicious cutting, mutilation, defacement, or injury to a tree, house, outside fence, fixture, or other trespass on another’s real property.
  • Retains existing penalty structure for malicious property injury:
    • Loss/value ≥ $10,000: felony — fine (court’s discretion) and/or up to 10 years imprisonment.
    • Loss/value > $2,000 and < $10,000: felony — fine (court’s discretion) and/or up to 5 years imprisonment.
    • Loss/value ≤ $2,000: misdemeanor (magistrate/municipal court) — fine up to $1,000 and/or up to 30 days imprisonment.
  • Adds new subsection (C): “The provisions of this section do not apply to a person trimming tree limbs that encroach upon the person's property line.” (i.e., trimming encroaching limbs is not criminal under §16‑11‑520).

Who is affected

  • Property owners and occupants: expressly permitted to trim tree limbs that extend over or across their property line without being prosecuted under this criminal statute.
  • Neighbors and adjacent-property owners: the change may reduce criminal remedies for neighbors who object to trimming; civil remedies (e.g., claims for damage, trespass on neighbor’s property, nuisance, or local ordinance violations) may still apply.
  • Law enforcement and prosecutors: will have a statutory exemption to consider when evaluating charges under §16‑11‑520.
  • Municipalities and tree‑protection programs: local ordinances (e.g., protections for street trees, historic district rules, or trees on public land) are not explicitly changed by this amendment and may still restrict trimming.

Timing / procedural notes

  • The bill text indicates the amendment would take effect upon the Governor’s approval.
  • Legislative history provided in materials shows prefiled/introduced dates (prefiled 12/12/2024; introduced/read 1/14/2025) and committee referrals (Judiciary); a hearing was scheduled for 10/07/2025 per the supplied timeline.
  • The supplied docket also contains unrelated language (Massachusetts House Docket No. 300 concerning train idling). Users should confirm jurisdiction (South Carolina vs. Massachusetts) and the authoritative bill text before relying on this summary for legal or procedural action.

Practical considerations / likely impacts

  • Clarifies and narrows criminal exposure for homeowners who remove overhanging branches that intrude onto their property, reducing the risk of prosecution under the malicious‑injury statute.
  • May increase direct property‑owner trimming activity and neighbor disputes; could shift many disputes from criminal court toward civil actions or local code enforcement.
  • The amendment does not include procedural safeguards (notice, safe‑work standards, limits on extent of trimming, or protections for protected species/municipal trees), so conflicts may arise where trimming causes damage beyond mere removal of encroaching limbs.

If you want, I can:
- Compare this amendment to existing case law or typical civil‑law remedies for encroaching vegetation in the relevant state, or
- Draft a short explainer for property owners about safe/appropriate trimming practices and potential civil risks.

Compiled from official sources — confirm details with the bill’s official record.

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