What are squatters’ rights in South Carolina?
In South Carolina, land must be held and possessed adversely to the legal title for 10 years, and an action to recover real property cannot be maintained unless the plaintiff or a predecessor possessed it within the prior 10 years. When the claim is not founded on a written instrument or a court judgment or decree, only the land actually occupied is treated as held adversely. For such a claim the statute treats land as possessed only in the cases it lists: when it has been protected by a substantial enclosure, and when it has been usually cultivated or improved. Under an article effective June 30, 2026, a property owner or the owner’s representative may file a verified petition with the clerk of court or chief magistrate to remove a person unlawfully occupying property that contains a residential dwelling, and for good cause shown the court must immediately issue a removal order, with a hearing held within 24 hours of filing unless good cause is shown for a delay. Once the court grants the order, the county sheriff or a constable enforces it by removing the unlawful occupants. An older statute also lets an owner ask a magistrate to serve a trespasser with a notice to quit, and if the trespasser has not left five days after personal service, the magistrate issues a warrant for a sheriff or constable to eject the trespasser. Until that period has run, a person occupying property without permission has no claim to its title. This is S.C. Code §§ 15-67-210, 15-3-340, 15-67-240, 15-67-250; S.C. Code §§ 27-37-210, 27-37-230, 27-37-270, 15-67-610.
| What | South Carolina |
|---|---|
| Adverse possession period | 10 years |
| Removing an unauthorized occupant | Through a court proceeding, after notice |
Source
S.C. Code §§ 15-67-210, 15-3-340, 15-67-240, 15-67-250; S.C. Code §§ 27-37-210, 27-37-230, 27-37-270, 15-67-610
Read the statute in the South Carolina Code of Laws (South Carolina Legislature): scstatehouse.gov.
Checked against the statute on November 13, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Squatters’ Rights by State: Adverse Possession and Removal — How long adverse possession takes in 51 states, what the statutes require, and which states let law enforcement remove a squatter without an eviction case.
Compare this rule in every state
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- Every South Carolina rule on one page
The same question in other states
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