South Carolina Adverse Possession (Squatters' Rights)

S.C. Code § 15-67-210 provides that "the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title unless it appear that such premises have been held and possessed adversely to such legal title for ten years before the commencement of such action." To acquire title, a claimant's possession must be actual, open, notorious, exclusive, continuous, and hostile for the full 10-year period; related sections such as § 15-67-220 reinforce the ten-year requirement for claims under a written instrument. A tenant lawfully in possession cannot gain title this way, possession is attributed to the landlord, so the doctrine applies to true squatters and boundary disputes rather than renters.

A trespasser who fails to satisfy every element for the full 10 years acquires no title and may be removed through ejectment; criminal trespass charges may also apply to someone occupying without any claim of right.