§ 13-19 Damages - Real Property

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 13-19 Damages - Real Property

A property owner may recover compensation for losses which are the proximate result of the defendant's wrongful act.

In the absence of evidence of specific damages, the measure of damages for injury to real property is the difference between the value of the entire premises before and after the injury to the property. In other words, in such situation, the measure of damages to real property is the diminution in value.

The general measure of damages for damaged/destroyed noncommercial trees, shrubs, and related vegetation is the difference in the value of the entire parcel of land-damaged and undamaged portions-immediately before and after the loss. When the property is restorable to its former condition at a cost less than the diminution in value, then the cost of restoration that has been or may...