South Carolina Squatters Rights and Adverse Possession Laws (2026)

South Carolina sets a 10-year clock on adverse possession claims, and property owners who act promptly can remove unauthorized occupants through a summary magistrate procedure written specifically for trespassers, well before that clock ever runs out.

Information last verified on May 27, 2026. This article provides general legal information, not legal advice.

Jurisdiction scope: This article covers South Carolina state law only. For a nationwide overview, see the national squatters rights guide.

Adverse Possession in South Carolina: Period and Elements

The 10-Year Statutory Period

South Carolina's adverse possession framework is codified at S.C. Code Ann. §§ 15-67-210 through 15-67-260. Section 15-67-210 establishes the foundational presumption: a person holding legal title is deemed to have been in possession within the statutory period, and any occupation by another person is presumed subordinate to that title unless the occupant can show continuous adverse possession for 10 years before the action is brought.

That 10-year period is uniform. Unlike several other states, South Carolina does not offer a shorter limitations window for claimants who hold color of title. Both of the primary statutory tracks run on the same 10-year clock.

Possession With a Written Instrument (§ 15-67-220)

When a claimant enters property under a claim of title that is founded on a written instrument, such as a deed that is defective or covers the wrong parcel, the claim falls under § 15-67-220. Possession is deemed adverse under this track when there has been continued occupation and possession, for 10 years, of the premises (or part of the premises) described in the written instrument, decree, or judgment under that claim of title. When the described premises consist of a tract divided into lots, possession of one lot is not deemed possession of any other lot in the same tract.

The written-instrument track is broader in scope. A claimant can point to the full footprint described in the instrument, not just the ground they physically touched.

Possession Without a Written Instrument (§ 15-67-240)

When no written instrument supports the claim, § 15-67-240 restricts the adverse possession claim to the premises the claimant actually occupied and no others. Section 15-67-250 adds a stricter proof standard: the claimant must show both substantial enclosure and usual cultivation or improvement. Vague or sporadic use does not satisfy this test.

This distinction is important in squatter cases. A squatter who moves into a vacant home with no deed, no lease, and no written claim is on the harder track. The claimant must demonstrate 10 uninterrupted years of actual, open, exclusive, hostile, and notorious use confined to the space physically occupied.

The OCEAN Elements Under South Carolina Law

South Carolina courts require a claimant to prove all five classic adverse possession elements throughout the full 10-year period:

Open and Notorious. The occupation must be visible and obvious to the true owner. Hiding inside a property during the day or avoiding detection defeats this element.

Continuous. Possession cannot be seasonal or intermittent in a way that breaks the chain. A claimant may tack the periods of successive adverse possessors, but only if privity exists between them.

Exclusive. The claimant must hold the property without sharing control with the owner or the general public.

Actual. Physical occupation is required. Simply claiming or asserting an intent to possess is not enough.

Hostile. Possession must be without the owner's permission. If the owner consents to the occupancy at any point, hostility ends and the clock resets.

No Tax-Payment Requirement

South Carolina statutes contain no provision requiring an adverse possessor to pay property taxes as a condition of the claim. Paying taxes may serve as evidence of open and notorious use, but failure to pay taxes does not defeat an otherwise valid adverse possession claim.

How to Remove a Squatter in South Carolina

Why the Landlord-Tenant Act Does Not Apply

South Carolina's Residential Landlord-Tenant Act, S.C. Code Ann. § 27-40-210 et seq., applies only where a rental agreement exists. A squatter who enters without any agreement is not a "tenant" as defined in § 27-40-210(15). Attempting to use the Chapter 27-40 summary ejectment process against a squatter with no tenancy history is legally incorrect and may create complications.

The same reasoning rules out Chapter 27-37, which is titled "Ejectment of Tenants." Every operative provision in it assumes a landlord-tenant relationship. Section 27-37-10 is captioned "Grounds for ejectment of tenant" and lists only tenant-specific grounds: failure to pay rent, expiration of the term of tenancy, and violation of the lease. Section 27-37-20 permits ejectment of "any tenant" upon application by "the landlord or his agent or attorney." Section 27-37-70 has the magistrate designate the landlord as plaintiff and the tenant as defendant. A person who never had a rental agreement is no more a "tenant" under Chapter 27-37 than under the Landlord-Tenant Act.

South Carolina has a separate statute written for exactly this fact pattern. Title 15, Chapter 67, Article 7 is captioned "Summary Ejectment of Trespassers," and § 15-67-610 reaches any person who has "gone into or shall hereafter go into possession of any lands or tenements of another without his consent or without warrant of law." That is the provision that fits a squatter, and it sits in the same chapter of the code as the adverse possession sections discussed above.

Step 1: Do Not Use Self-Help Eviction

South Carolina law prohibits self-help removal. A property owner may not change locks, remove personal property, shut off utilities, or physically remove a squatter without a court order. Doing so exposes the owner to civil liability and potential criminal charges.

Step 2: Apply to a Magistrate for a Notice to Quit (S.C. Code Ann. § 15-67-610)

The owner of the trespassed land applies to any magistrate, who serves a notice on the occupant to quit the premises. There is no rule to show cause and no ten-day answer period here. Those belong to the tenant procedure in Chapter 27-37.

Personal service matters. The five-day period in § 15-67-610 runs from personal service of the notice to quit, so an owner cannot start the clock by taping a notice to the door the way the tenant chapter sometimes permits.

Step 3: The Five-Day Window

If the trespasser refuses or neglects to quit after five days from personal service of the notice, the magistrate issues a warrant to any sheriff or constable requiring him forthwith to eject the trespasser, using such force as may be necessary. Where a contested Chapter 27-37 tenant ejectment can run for weeks, the Article 7 trespasser procedure is built to move in days.

Step 4: If the Occupant Claims a Right to Be There

Section 15-67-620 gives the occupant one off-ramp. Before the five days expire, the occupant may appear before the magistrate and satisfy him that he has a bona fide color of claim to possession of the premises. The occupant must also enter into a bond, with security approved by the magistrate, covering the costs and expenses the owner incurs in successfully establishing his claim and any damages from being kept out of possession. If the occupant does both, the magistrate does not issue the warrant, and the dispute moves into ordinary litigation where title and possession are decided. This is the stage at which an occupant asserting adverse possession would raise the 10-year claim.

Section 15-67-640 preserves an appeal for either party. The magistrate may not issue the warrant until five days after announcing his decision, and in that window the defendant may apply for an injunction, on the same bond, restraining execution of the warrant while the circuit court hears the appeal.

Step 5: Warrant of Ejectment and Physical Removal

Under § 15-67-610 the warrant runs to any sheriff or constable, who is required to eject the trespasser forthwith and may use such force as is necessary. Article 7 contains no 24-hour grace period; that waiting period is part of the tenant procedure described below.

When Chapter 27-37 Ejectment Applies Instead

Chapter 27-37 is the right vehicle when the occupant was a tenant and then stayed past the end of the tenancy, stopped paying rent, or broke the lease. Holdover former tenants are a frequent source of confusion, because owners often describe them as squatters. If there was ever a rental agreement, this is the path:

The rule. On application by the landlord, the magistrate issues a written rule requiring the tenant forthwith to vacate or to show cause, within ten days after service of the rule, why he should not be ejected (§ 27-37-20). The substantive grounds sit one section earlier, in § 27-37-10, which states grounds only and contains no procedure.

Service. The rule may be served like a summons. If no one can be found in possession and the premises have been abandoned, as the statute defines that term, for fifteen days or more, the rule may be affixed to the most conspicuous part of the premises. After two unsuccessful service attempts separated by at least forty-eight hours and made at times of day at least eight hours apart, documented by affidavit or, for a law enforcement officer, by certificate, the rule may be posted and a copy mailed (§ 27-37-30).

The hearing. If the tenant appears and contests, the magistrate hears the case as any other civil matter, and either party may demand a jury (§§ 27-37-60, 27-37-80). If the tenant fails to appear and show cause within the ten days, the magistrate issues a warrant of ejectment (§ 27-37-40).

Execution. Under § 27-37-160, the constable or deputy sheriff presents a copy of the writ and gives the occupants twenty-four hours to vacate voluntarily. If they refuse, or the premises appear unoccupied, the officer announces his identity and purpose, and if necessary "the deputy sheriff, but not a constable, may then enter the premises by force, using the least destructive means possible." A constable has no authority to force entry under this section. If the premises appear occupied but no one responds, the writ is posted on the door, and twenty-four hours after that posting the deputy sheriff, again but not a constable, may enter by force on the same terms. The section also lets the constable or deputy sheriff exercise discretion in granting a delay in the dispossession of ill or elderly tenants.

No Expedited Squatter-Removal Law as of May 27, 2026

Several states enacted standalone expedited squatter-removal statutes in 2024 and 2025. As of May 27, 2026, South Carolina has not passed a comparable new law. It already has a fast route: the summary ejectment of trespassers procedure at §§ 15-67-610 through 15-67-640 runs on a five-day clock and applies squarely to an occupant with no rental agreement. Property owners should monitor the South Carolina General Assembly for any updates, as the legislative landscape on this issue continues to evolve nationally.

Practical Advice for Property Owners

Owners who discover a squatter should document the unauthorized occupation with dated photographs and written records, then consult a South Carolina real estate attorney before filing. Picking the wrong chapter is the most common early mistake: a trespasser goes through Article 7, a holdover former tenant goes through Chapter 27-37, and filing under the wrong one invites dismissal and delay. Courts take adverse possession claims seriously when the 10-year window is close, so early legal action is the most reliable way to prevent a squatter from building a record of continuous possession.

Legal Disclaimer: This article provides general legal information about South Carolina squatters rights and adverse possession laws. It is not legal advice and does not create an attorney-client relationship. Property owners facing squatter situations and individuals seeking to assert adverse possession claims should consult a licensed South Carolina real estate attorney for guidance specific to their circumstances.

national squatters rights guide

Last updated: May 27, 2026.

Statutes cited reflect their in-force version as of May 27, 2026.

More South Carolina Laws

• South Carolina Landlord-Tenant Laws