Adverse Possession in South Carolina

State-specific overview · Property & Real Estate

Quick summary

South Carolina requires 10 years of open, continuous occupation, or 30 years if occupation is less obvious.

How South Carolina treats Adverse Possession

South Carolina allows adverse possession after 10 years of open and notorious occupation. However, if the occupation is less visible or obvious, the period extends to 30 years. The possessor must occupy the land exclusively and without the owner's permission, acting as a true owner would. South Carolina courts recognize that adverse possession serves to quiet title and reward those who improve and maintain abandoned or neglected property.

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The general definition of Adverse Possession

Gaining legal ownership of land by occupying it openly and continuously for a set period.

If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Carolina.