Squatters Rights South Carolina and Adverse Possession Laws (2024)

With so many things to keep track of when owning property, it’s easy to forget about rare situations that might arise that could seriously affect your long-term investment. Squatting might not always come up, but it could be a legitimate concern, and staying up-to-date on what constitutes squatting is always a good idea.

When it comes to squatter’s rights, South Carolina has specific guidelines for what constitutes squatting vs. trespassing, and how a squatter might take possession of a property. In this guide, we’ll review South Carolina squatters rights and how you can prepare yourself to navigate the potentially complicated situation.

Key Takeaways

• South Carolina has an established process by which a squatter can claim property ownership, called adverse possession.
• While squatting situations don’t always happen, keeping current on local laws and guidelines will help ensure an easy and happy rental experience for landlords and tenants.
• Utilizing a property management platform, like TurboTenant, to screen applicants, track lease agreements, and use legally reviewed and state-specific leases can help prevent squatters.

Squatter Rights vs. Adverse Possession in South Carolina

The term squatter’s rights is often lumped into the same conversation as the concept of “adverse possession.” While the two phrases are related, adverse possession is a term used to describe the specific criteria a potential squatter must meet to begin claiming ownership of a property.

In South Carolina, squatters can claim adverse possession if a person has occupied a property for 10 continuous years and possesses a color of title (document appearing valid to claim ownership of a property) for at least 10 consecutive years. In general, a squatter must meet the following five conditions to bring a claim of adverse possession:

• Hostile Possession: The squatter must occupy the property without the property owner’s consent and not have a South Carolina lease agreement with the owner.
• Actual Possession: The squatter must live on the property for at least 10 consecutive years.
• Open and Notorious Possession: The squatter’s possession of the property must be clear and obvious to neighbors or anyone passing by. The occupation can’t be secretive or surreptitious.
• Continuous Possession: According to South Carolina law, the squatter must have had possession of the property for a minimum of 10 years.
• Exclusive Possession: The squatter does not share possession with anyone else.

However, just because a squatter could establish the above criteria does not necessarily mean the claim for ownership of the property will be successful.

South Carolina Laws on Squatters

For squatter’s rights, South Carolina lays out a straightforward process and guidelines for how a squatter could take possession of a property. South Carolina landlord-tenant laws dictate that a squatter must prove adverse possession, and then follow a specific set of steps, including arguing their case before a judge, before ownership is transferred.

Addressing squatter rights, South Carolina lawmakers have proposed new laws in the South Carolina legislature to try and address the increasing issue, including S.1231, which would allow property owners to skip the eviction process to remove a potential squatter.

How Squatters Can Legally Claim Property in South Carolina

South Carolina squatter’s rights outline that to legally claim property ownership, a squatter must successfully argue a claim of adverse possession in court and complete several other steps to be successful. The burden of proof for a successful squatting claim is incredibly high and difficult to achieve in most cases.

The first step is for the claimant to prove adverse possession according to the criteria we outlined above. Any additional material they can provide to support their case can be used, including mail addressed to the property in their name, property tax receipts, and proof of repairs or maintenance could be considered by the court.

In fact, squatters must pay property taxes to make a successful adverse possession claim in South Carolina. For property owners, simply paying property taxes could prevent a squatter from claiming adverse possession.

Squatter vs. Trespasser vs. Holdover Tenant

The line between a squatter and a trespasser may be slight, but it definitely exists. Often, the difference comes down to two things — length of stay on the property and intent.

If a person enters or remains on a property for a short period without the owner’s permission and without the intent of staying on the property long-term, then they would be considered a trespasser. But suppose the intent is to take possession of the property, and their actions indicate that (like changing locks, paying taxes on the property, or performing maintenance). Couple these actions with the fact the person stays on the property for an extended period. In that case, they’d likely be considered a squatter.

Many states, including South Carolina, also recognize “holdover tenants.” If a tenant’s lease expires and they continue to pay rent according to the original lease terms and the landlord accepts the rent payment, they are considered “tenants at will.” If the landlord does not accept the rent payments after the lease has expired, the tenant could be considered an illegal trespasser and evicted without notice.

Landlord Rights and Responsibilities

While a property owner in the midst of a squatting dispute might feel helpless, landlords still have an established set of rights and responsibilities when it comes to their property.

For example, landlords have the right to evict a squatter or have the authorities remove trespassers. Even if the adverse possession claim is faulty, they must still pursue the full legal eviction process in a squatting case. Landlords also have a right to seek damages in civil court for any damage that may have been done to the property by the squatters and to seek compensation for any lost rent or rental income during the time the squatter occupied the property.

Landlords also have the right to secure their property to prevent squatting situations. Installing or changing locks (when there’s no active tenant or lease) and ensuring the property is secure are also protected rights.

However, landlords are also responsible for following the law regarding removing a squatter from their property. This means not forcibly removing the squatter on their own via a self-help eviction and providing proper written notice of eviction based on South Carolina law.

Tenant Rights and Responsibilities

Tenants who remain in a rental property after their lease expires are considered holdover tenants, not squatters. Landlords must adhere to specific legal procedures when dealing with holdover tenants.

If you suspect squatters are present on your property, especially in multi-unit buildings, notify your landlord immediately.

Only law enforcement has the authority to remove squatters. Landlords and tenants should never attempt to evict squatters themselves.

How to Evict Squatters in South Carolina

Like most states, South Carolina eviction laws require landlords to proceed through the full, legal eviction process to remove a squatter from their property. In no case should a landlord or property owner attempt forcible removal by themselves; instead, they should always rely on the legal process.

The eviction process in South Carolina is as follows.

• The owner will send the squatter a formal notice to vacate. This notice would provide a deadline of 5-30 days, depending on the specific situation.
  • For a holdover tenant, a 5-day notice to quit is required.
  • For unknown individuals, providing a 30-day written notice is enough to initiate the eviction process under squatters rights in South Carolina.
• The landlord or property owner files a lawsuit with the county court.
• The sheriff will forcibly remove the offending party if the court favors the property owner and the squatter still doesn’t leave.

Legal Help for Landlords in South Carolina

Lawyers can quickly become an unsustainable cost for landlords who need personal assistance for legal matters. However, South Carolina has some legal resources landlords can lean on for support.

• The South Carolina Bar Association is a great place to start for landlords seeking legal guidance. Their website provides access to forms and documents, legal advice, and access to talk to a lawyer for free, as well as several informational guides on navigating South Carolina law.
• South Carolina Legal Services is a non-profit dedicated to helping low-income people access legal help. While tenants may find this resource helpful, landlords can direct tenants who qualify for legal assistance and guidance.
• EZ Evict USA: If you’d like to start the eviction process immediately without looking up lawyers, consider contacting EZ Evict USA. They’re a trusted TurboTenant partner who can start the process right away.

Preventing Squatter Situations

Ideally, landlords will never have squatters on their properties. However, landlords can take some practical steps to prevent that situation from occurring.

Inspect and Secure Properties

Keeping an eye on rental properties or owned land can help reduce the risk of squatters attempting to take up residence. Check on vacant units as often as possible and ensure doors and windows are locked.

Keep The Property Well-Maintained

A well-maintained property signals to potential squatters that a landlord is paying attention to their property and could quickly end their squatting adventure. Ensure the property is trash-free, and motion-sensitive lights will help discourage night visitors.

Fill Vacancies Quickly

Whenever you have an extended vacancy, the potential for squatters increases. You can stave off unauthorized inhabitants by marketing your properties quickly, fielding qualified leads, and completing thorough background checks for tenants. Acting fast is your best tool to keep your property safe and secure.

How TurboTenant Can Help

TurboTenant is a fully-featured property management software built to provide landlords and tenants with the tools to make the rental process a breeze, from move-in to move-out.

Besides background checks, TurboTenant has a library of state-specific leases for landlords, including legally reviewed leases for each of the 50 states, including South Carolina. Additionally, TurboTenant tracks rent payments, repair and maintenance requests, and property financials.

So sign up for a free TurboTenant account today and make sure your properties are safe, secure, and profitable.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.