In South Carolina, a squatter must openly and continuously occupy a property for 10 years to potentially claim adverse possession. The statutory citation is S.C. Code Ann. § 12-51-90.
Key Rules at a Glance
| Rule | Detail |
|---|---|
| Adverse Possession Period | 10 years |
| Required Elements | Actual, Open, Notorious, Exclusive, Hostile, Continuous |
| Notice to Vacate | 5-day notice to pay or vacate for nonpayment; written notice required before filing ejectment. |
| Eviction Process | File an ejectment or summary ejectment action in Magistrate's Court. South Carolina courts are relatively fast; hearings within 10–20 days. |
| Key Statute | S.C. Code Ann. § 12-51-90 |
| Last Updated | 2025-01 |
Possession Requirements in South Carolina
South Carolina requires actual, open, notorious, exclusive, continuous, and hostile possession for 10 years.
The five elements of adverse possession must all be satisfied simultaneously throughout the statutory period. If an owner gives the occupant written permission to use the property at any point, the "hostile" element is defeated — resetting the clock entirely.
Key Facts for South Carolina
- 10 years of continuous adverse possession required
- South Carolina courts look for clear evidence of actual use and possession
- Enclosure of the property is an important factor
- No shortened period for color of title
- South Carolina allows double damages in some wrongful detainer cases
How to Remove a Squatter in South Carolina
Property owners in South Carolina should act quickly when an unauthorized occupant is discovered. The process depends on whether the person ever had permission to be on the property:
Trespassers (no permission ever given): Contact local law enforcement. If the person has no claim of right, police can remove them. Document the situation thoroughly.
Holdover tenants (had permission, now overstaying): 5-day notice to pay or vacate for nonpayment; written notice required before filing ejectment. After serving notice, if the occupant does not vacate: File an ejectment or summary ejectment action in Magistrate's Court. South Carolina courts are relatively fast; hearings within 10–20 days.
Adverse possession claimants: If the occupant asserts a legal claim to the property and has been present for a significant period, consult a real estate attorney immediately. Do not attempt self-help eviction, as this may expose you to liability.
Dealing with a Squatter in South Carolina?
Every situation is different. A licensed real estate attorney in South Carolina can advise on notice requirements, the eviction process, and adverse possession defenses.
Frequently Asked Questions — South Carolina
How long does a squatter have to be in South Carolina?
South Carolina requires 10 years of continuous, open, notorious, exclusive, and hostile possession. Courts look for strong evidence of actual use, such as enclosures, improvements, or continuous occupation.