Squatters Rights in South Carolina: 10-Year Adverse Possession Law
South Carolina requires 10 years of continuous, open, hostile, exclusive possession. Squatting-related legislation has drawn significant attention in South Carolina, including a proposal to abolish adverse possession entirely, but no such measure had been enacted as of mid-2026.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
South Carolina vs Neighboring States: Quick Comparison
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in South Carolina
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in South Carolina
To claim ownership of property through adverse possession in South Carolina, a claimant must possess the land for 10 years while meeting the legal requirements established under state law.
Legal Basis and Statutory Period
South Carolina’s adverse possession law is codified under S.C. Code Ann. § 15-67-210. The standard statutory period is 10 years of continuous, open, and hostile possession.
Property Tax Requirements
South Carolina's adverse possession statute does not offer a tax-based reduction.
Color of Title Rules
South Carolina does not require color of title for its 10-year adverse possession claim.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 10 years
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Recent Law Changes in South Carolina
No major legislative changes confirmed enacted as of mid-2026. House Bill 5469 (introduced April 2024) would abolish the adverse possession doctrine outright; Senate Bill S.1231 would let owners bypass the standard eviction process to remove a squatter. Neither had been enacted as of the most recent available research, though some sources describe general 2025 clarifications to the state's criminal trespass statutes — verify the current text directly.
South Carolina Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in South Carolina, a claimant typically must:
- File a quiet title (or 'action to try title') claim in the Circuit Court of the county where the property is located
- Show continuous possession for the full 10-year statutory period under S.C. Code Ann. §§ 15-67-210 to 15-67-260, whether or not the claim is founded on a written instrument
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful action, the claimant should record the judgment with the county Register of Deeds (or Clerk of Court, in counties without a separate Register of Deeds office) to establish clear title. Note that South Carolina has no shortened 'color of title plus tax payment' track — the 10-year period applies whether or not the claimant holds a defective written instrument.
Defending Against Squatters
South Carolina property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing. A 2024 bill (H.5469) would abolish adverse possession in South Carolina entirely, but as of this writing it has not been enacted.
Removing Squatters
South Carolina provides property owners with several options for removing unauthorized occupants:
- Law Enforcement/Criminal Trespass: request law enforcement assistance under South Carolina's criminal trespass statute, S.C. Code Ann. § 16-11-620, which covers entering or remaining on another's property after notice to leave
- File a complaint in magistrate's court for forcible entry and detainer (or ejectment in Circuit Court for more complex title disputes)
- Attend the hearing and obtain a writ of ejectment/restitution if the court rules in the owner's favor
- Have the sheriff or constable execute the writ to remove the occupants
South Carolina law prohibits 'self-help' evictions such as changing locks or shutting off utilities. A 2024 bill (H.5375) sought to let sheriffs issue an immediate notice to vacate to unlawful occupants upon a sworn owner complaint; property owners should confirm the current status of this legislation before relying on it.
Notable South Carolina Adverse Possession Cases
Croft v. Sanders (1984)
283 S.C. 507, 323 S.E.2d 791 (Ct. App. 1984)
The South Carolina Court of Appeals reaffirmed that an actual occupation of land that is open, notorious, hostile, exclusive, and continuous for ten years establishes title by adverse possession. The court rejected the claimant's adverse possession defense because the evidence failed to show when he first began occupying and pasturing the disputed strip.
Butler v. Lindsey (1987)
293 S.C. 466, 361 S.E.2d 621 (Ct. App. 1987)
The Court of Appeals held that the exclusivity element of adverse possession is not satisfied if occupancy of the disputed land is shared with the true owner or the owner's agents. Because the claimant's use overlapped with the record owner's own use of the property, his adverse possession claim failed.
Getsinger v. Midlands Orthopaedic Profit Sharing Plan (1997)
327 S.C. 424, 489 S.E.2d 223 (Ct. App. 1997)
The Court of Appeals reversed a directed verdict for the record owners, holding that long-term, visible occupation and improvement of a boundary-line parcel by the neighboring landowner's predecessors created a jury question on adverse possession rather than a matter the trial court could decide as a matter of law.
Frequently Asked Questions About South Carolina Adverse Possession
How long must someone occupy my property in South Carolina to claim adverse possession?
In South Carolina, adverse possession requires 10 years of continuous, open, notorious, exclusive, and hostile possession under S.C. Code Ann. § 15-67-210 — there is no shorter 5-year track. The 'squatter's rights after 30 days' claim is a myth; short-term occupation never establishes ownership.
What is "color of title" in South Carolina adverse possession law?
"Color of title" is a written instrument, such as a deed or will, that appears to convey ownership but contains a legal defect. In South Carolina it can support a claim under § 15-67-230, but it does not shorten the 10-year statutory period — that period is the same with or without a written instrument.
Can I legally remove squatters from my property in South Carolina?
Yes, but you must use legal procedures. You can seek law enforcement assistance under South Carolina's criminal trespass statute (§ 16-11-620) or file for forcible entry and detainer in magistrate's court. 'Self-help' methods like changing locks or shutting off utilities are illegal and can create liability for the owner.
Can someone claim adverse possession against government-owned land in South Carolina?
No. Land owned by the state, federal government, counties, cities, and other public entities is exempt from adverse possession claims in South Carolina.
Can trespassers gain rights to my property after 30 days in South Carolina?
No. This is a common misconception. South Carolina requires 10 years of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy of days or months establishes no ownership rights.
Is there a push to abolish adverse possession in South Carolina?
Yes. Bills have been introduced in the South Carolina Legislature (including 2023-2024 Bill 5469) that would abolish the doctrine of adverse possession entirely. Property owners should check the current status of such legislation, since it could change the law described here.
Is squatter removal handled by police or only through civil eviction in South Carolina?
South Carolina police can arrest and remove someone on the spot under the criminal trespass statute, S.C. Code Ann. § 16-11-620, if the person entered or remains after being warned to leave and has no lease or other claim of right to be there. If the occupant claims any tenancy or right to possession, officers typically decline to act and direct the owner to the courts. Historically that meant a standard forcible entry and detainer suit in magistrate's court, but on June 25, 2026, Governor Henry McMaster signed H.3387, creating a faster magistrate-court process just for unlawful occupants: an owner files a sworn petition, the court can issue an immediate ex parte removal order, a hearing follows within 24 hours, and the sheriff or a constable carries out the removal. So removal is split between the two systems depending on whether the person is a bare trespasser or someone asserting a colorable right to stay.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.