Squatter’s Rights in South Carolina

In South Carolina, squatters can claim legal ownership through adverse possession after 10 continuous years of occupation. Unlike many states, South Carolina requires squatters to have “color of title” throughout the entire occupancy period, though property tax payments aren’t mandatory but can strengthen claims.

For a successful adverse possession claim, squatters must demonstrate five key elements: hostile possession (occupying without permission while knowing they’re trespassing), actual possession (physically living there and maintaining the property), open and notorious possession (visible occupation), exclusive possession (not sharing with others), and continuous possession for the full 10-year period without interruption.

Holdover tenants (who remain after lease expiration) can also claim adverse possession, with the 10-year period beginning when the lease ends or they refuse to pay rent. Uniquely, South Carolina permits holdover tenants to initiate adverse possession claims, unlike many other states.

To remove squatters, property owners must use judicial eviction procedures – serving appropriate notices (5-day notice for nonpayment, 7 or 30-day notices for no lease situations), obtaining a Rule or Order to Show Cause, and securing a Writ of Ejectment if necessary. Self-eviction methods like changing locks or shutting off utilities are illegal and can lead to lawsuits against the owner.