(A) A person who provides a landscape service on a parcel of real estate, which service exceeds five thousand dollars, by virtue of a written agreement with the owner of the real estate and to whom a debt is due for his performance of the landscaping service has a mechanics' lien on the real estate to secure payment of debt due to him as provided by Section 29-5-10 and Section 29-5-20. The lien attaches to the land and a building, structure, or other improvement on the land.
(B) As used in this chapter, a landscape service includes:
(1) land clearing, grading, filling, plant removal, natural obstruction removal, or other preparation of land;
(2) provision or installation, or both of them, of a landscaping item including plant material, mulch, paving, walkway, swimming pool, fountain, retaining wall, bulkhead, deck, patio, lightscaping system, irrigation system, drainage structure, drainage system, underground utility, or other feature incidental and necessary to a landscape plan or site design; or
(3) both.
(C) A landscaping service does not depend on whether the service is related to the construction, erection, alteration, or repair of a building or other structure.
HISTORY: 2009 Act No. 40, Section 1, June 2, 2009.
Structure South Carolina Code of Laws
Title 29 - Mortgages and Other Liens
Section 29-5-15. Filing requirements; penalty for frivolous lien.
Section 29-5-22. Reasonable rental value of tools, appliances, machinery, and equipment.
Section 29-5-23. Notice of Project Commencement; location notice; failure to file notice.
Section 29-5-25. Private security guard services at site of real estate improvement.
Section 29-5-26. Landscape services.
Section 29-5-27. Laborer and person defined.
Section 29-5-30. Lien against debtor with life estate or whose estate is less than fee simple.
Section 29-5-50. Lienor's preference over contractor.
Section 29-5-60. Proration of payments among lienors.
Section 29-5-70. Force of lien against existing recorded mortgage.
Section 29-5-80. Notice of nonresponsibility by owner of building or structure.
Section 29-5-90. Dissolution of lien for failure to serve and file statement; contents of statement.
Section 29-5-100. Proceedings not invalidated by inaccuracy of statement of account.
Section 29-5-110. Release of lien upon filing written undertaking and security.
Section 29-5-120. Time for bringing suit to enforce lien; dissolution and release of lien.
Section 29-5-130. Enforcement of certain liens before magistrate's court.
Section 29-5-140. Enforcement of lien by petition to court of common pleas.
Section 29-5-150. Service of petition.
Section 29-5-160. Contents of petition.
Section 29-5-170. Petition filed by multiple lienors.
Section 29-5-180. Amendments of pleadings.
Section 29-5-190. Notice to owner and other creditors.
Section 29-5-200. Notice by publication or other than personal service.
Section 29-5-210. Further notice of suit.
Section 29-5-220. Hearing on claims of lienors.
Section 29-5-230. Questions for jury.
Section 29-5-240. Determination of claims due but not yet payable.
Section 29-5-250. Recovery for part performance.
Section 29-5-260. Sale of premises if lien established.
Section 29-5-270. Sale of part of property.
Section 29-5-280. Notice of sale.
Section 29-5-290. Distribution of proceeds of sale.
Section 29-5-300. Distribution of proceeds by court.
Section 29-5-310. Distribution of surplus.
Section 29-5-320. Prior attaching creditor is preferred.
Section 29-5-330. Distribution of proceeds where there is attaching creditor.
Section 29-5-340. Subsequent attachments.
Section 29-5-350. Attachments intervening between two liens.
Section 29-5-360. Rights of creditors among themselves.
Section 29-5-380. Executor or administrator may enforce creditor's lien.
Section 29-5-390. Suits begun by one creditor may be prosecuted by another.
Section 29-5-400. Allowance of claim and costs of petitioning creditor.
Section 29-5-420. Civil action not barred.