Squatters’ rights and adverse possession in South Carolina can be unwelcome surprises for landlords. Imagine someone quietly moving into a vacant Charleston rental home, changing the locks, and claiming the right to long-term occupancy, leading to months of unpaid rent and legal battles.
As stressful as this sounds, landlords can easily defend their properties against squatters with the right tools and strategies. Keep reading to learn how South Carolina defines squatting, how adverse possession works, and the legal steps you can take to protect your rentals.
What is a squatter?
A squatter occupies a property without the owner’s permission and does not have a valid lease agreement. They never sign a contract, pay rent, or receive legal authorization to live on the property, even if they claim that they have a right to be there.
For instance, picture someone moving into a single-family rental home in Columbia after an extended vacancy. They bring in furniture, change the locks, and start receiving mail, all without contacting the owner. Without permission, rent payments, or a written agreement, they qualify as a squatter.
Key Differences Between Squatters and Trespassers
Landlords must understand the distinction between squatters and trespassers, as each carries different legal consequences under state law.
Squatters
- Move into a property and continue living there without the owner’s consent
- Try to assert the right to long-term residence or ownership over time
- Require landlords to remove them via a formal eviction process
Trespassers
- Enter a property without permission and leave quickly
- Do not attempt to claim the right to residency or ownership
- Landlords can remove them immediately by contacting law enforcement
Essentially, squatters stay and attempt to claim rights, requiring eviction. Meanwhile, trespassers enter briefly without making any claims and usually face immediate removal.
What are squatters’ rights?
Squatters’ rights describe the limited legal protections that unauthorized occupants can gain by meeting strict requirements. As in other states, squatters’ rights in South Carolina do not grant automatic property ownership, but can complicate landlords’ removal efforts.
Squatters’ rights stem from adverse possession laws rather than legitimate tenancy. However, property owners must still follow formal eviction procedures rather than using self-help tactics. You’ll need to act quickly to prevent squatters from establishing a claim to long-term occupancy, or even to property ownership.
Can a squatter actually claim legal rights to a property?
Although it may sound unfathomable, squatters can claim ownership of a property in South Carolina under specific circumstances. The process requires strict proof and years of occupancy, though, so landlords who monitor vacancies, document ownership, and act quickly can prevent these problems before they start.
Adverse Possession Laws in South Carolina
Adverse possession allows a squatter to acquire legal title to a property by meeting strict requirements over time. Adverse possession in South Carolina offers a limited legal path to ownership, but only after the squatter satisfies all of the following conditions:
Actual: The squatter must physically possess and use the property as an owner would, such as by living there, maintaining the structure, or making material improvements.
Open and notorious: The squatter’s residence must remain visible and obvious so the legal owner has a reasonable chance to notice.
Hostile: The possession must occur without the owner’s permission and in violation of the owner’s rights, even if the squatter mistakenly believes they have legal authority to be there.
Exclusive: The squatter must exercise sole control over the property, excluding the owner and other members of the public.
Uninterrupted: The squatter must occupy the property continuously for at least 10 years in South Carolina without abandonment or a legal eviction.
Supporting law: S.C. Code Ann. 15-67-210 to 15-67-260
Occupancy Time Requirements for Adverse Possession
To claim adverse possession in South Carolina, a squatter has to occupy a property for at least 10 continuous years. The possession must remain uninterrupted for the entire time period, so any absence, eviction, or other break in occupancy will end the squatter’s adverse possession claim.
For example, a squatter who lives in a vacant Greenville home for 4 years, then leaves for several months, fails to meet South Carolina’s continuous occupancy requirement. Even if they return to the property, they would not have a valid claim of adverse possession.
Supporting law: S.C. Code Ann. 15-67-210 to 15-67-260
Does the squatter need to have a color of title to claim adverse possession?
Color of title describes a written document that appears to convey ownership but contains a legal defect, such as an invalid deed. For example, someone records a deed for land they believe they bought, but the deed later turns out to describe the wrong property.
Though many states require squatters to hold color of title to claim adverse possession, South Carolina does not. Holding a color of title may help support a squatter’s claim, but squatters must still meet the above conditions and possess a property for 10 continuous years.
Supporting law: S.C. Code Ann. 15-67-210 to 15-67-260
Does the squatter have to pay property taxes for adverse possession in South Carolina?
South Carolina is not one of the states that requires squatters to pay property taxes to claim adverse possession. Paying property taxes also does not shorten South Carolina’s occupancy time requirement.
Though property tax payments can support a squatter’s adverse possession claim, the law focuses on hostile, actual, open, exclusive, and continuous occupancy for at least 10 years. Even so, owners should stay current on their taxes to avoid ownership disputes and outcomes such as liens or foreclosures.
Supporting law: S.C. Code Ann. 15-67-210 to 15-67-260
How to Legally Remove Squatters from Your Property
Removing a squatter in South Carolina requires landlords to follow specific legal steps. Here’s what you’ll need to do to evict unauthorized occupants from your property:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe doing so, you might be able to negotiate with the squatter and get them to agree to leave voluntarily. You could offer a cash-for-keys agreement or moving assistance, which might save you weeks, if not months, of stressful and expensive court proceedings.
Important: Never attempt self-help eviction methods, such as shutting off utilities or changing the locks. Self-help evictions are illegal nationwide and can lead to fines, lawsuits, or a failed eviction case.
Step 2: Get in Touch With Local Law Enforcement
Another option is to contact local law enforcement and ask an officer to visit your property. Police may classify the person as a trespasser rather than a squatter, and if so, they can remove the individual immediately without a court-ordered eviction.
Step 3: Serve the Squatter a 5 Day Notice to Quit
If law enforcement cannot remove the occupant, you’ll have to treat the squatter like a tenant and begin eviction proceedings. Start by serving a written 5 Day Notice to Quit, which demands that the squatter leave your property within 5 days or face court filings.
Step 4: File an Application for Ejectment Against the Squatter
If the notice deadline passes and the squatter remains on your property, file an Application for Ejectment in the magistrate court that holds jurisdiction over your rental property. That filing starts the South Carolina eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
Bring strong evidence proving the squatter’s unlawful residence and your legal ownership. Documentation like the following will help convince the judge to rule in your favor:
- Official proof of ownership, such as a recorded deed or title
- Photos or videos showing the squatter’s unauthorized entry
- Previous utility records in your name
- Property tax payment records
The squatter receives time to present their own evidence, such as a color of title, property tax payments, or proof of long-term occupancy. Having solid proof is essential, since the judge will weigh both your and the squatter’s arguments carefully before making a decision.
Step 6: Obtain a Writ of Ejectment, Authorizing Removal of the Squatter
If the judge rules for you, the magistrate court will enter a judgment for possession and then issue a Writ of Ejectment within 5 days. The writ authorizes the local sheriff, constable, or deputy to remove the squatter and restore possession to you under South Carolina law.
After the court issues the Writ of Ejectment, law enforcement will serve or post it and document service. After law enforcement serves the writ, the squatter typically gets 24 hours to leave. They can appeal, but must file a bond to prevent the eviction.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
With a Writ of Ejectment in hand, law enforcement can physically remove the squatter and restore possession to you. If the squatter leaves behind any personal belongings, you’ll have to store them for at least 30 days and notify the squatter before you dispose of or sell them.
As soon as the squatter departs, secure the property immediately by changing locks, making any necessary repairs, and scheduling frequent inspections to deter future squatters.
With removal complete, we’ll explore a few practical tips that you can use to keep squatters from settling into your property in the future.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from occurring in the first place. Consistent management, fast responses, and basic security measures like these will help you protect your property before legal issues arise.
Inspect the property regularly: Visit your vacant properties often and check for signs of forced entry or unauthorized activity. Frequent inspections show that you’re watching out for your property, discouraging squatters.
Install security cameras: Visible security cameras deter squatters and document unauthorized entry. This can strengthen your position if any ownership disputes arise.
Act quickly against trespassers: Contact law enforcement immediately upon noticing unauthorized occupants on your property. Acting quickly can prevent a brief trespass from turning into a squatting situation.
Secure all entry points: Lock doors, windows, and garages or sheds using strong hardware. Squatters often look for weak points to gain entry to a property.
Maintain the property: Keep landscaping trim and tidy, repair any damages quickly, and remove all trash regularly. Maintenance signals active ownership, reducing the chance that a squatter will assume your property is abandoned.
Fill vacancies quickly: Since squatters often target empty properties, minimize vacancy periods by advertising your rentals with digital listing tools.
Screen future tenants thoroughly: To lower eviction risk and avoid future occupancy disputes, verify renters’ identity, credit, and rental histories using a trusted screening service.
With smart prevention habits, landlords can easily reduce the risk of squatters. Last but not least, let’s go over some final steps to protect your properties long-term.
Digital Tools to Help Landlords Thwart Squatters
Landlords who take swift action and keep a close eye on their properties can navigate South Carolina’s squatters’ rights and adverse possession with confidence.
Reliable property management software, such as TurboTenant, also helps landlords track vacancies, document property maintenance, and respond quickly before squatters can gain leverage.
TurboTenant gives landlords the tools they need to stay on top of their rental properties, so create your free account today to get started.
FAQs: Squatters’ Rights & Adverse Possession Laws in South Carolina
How long does it take a squatter to claim property rights in South Carolina?
A squatter must occupy a property for 10 years to claim adverse possession in South Carolina. The possession must remain actual, open, hostile, exclusive, and uninterrupted for the entire period. Any break, like an absence or eviction, resets the timer and prevents adverse possession.
Can landlords remove squatters legally without taking legal action?
If police determine that an unauthorized occupant qualifies as a trespasser, officers may remove them immediately. However, if the occupant claims the right to long-term residency or stays long enough to gain rights, landlords must follow the formal eviction process for removal.
What’s the difference between a squatter and a holdover tenant?
A squatter never obtains permission or a lease to occupy a property, while a holdover tenant once legally rented but stays after the lease ends. Holdover tenants receive certain tenant protections, but both require landlords to undertake a formal eviction to remove them from the property.
Can a landlord turn off power or change locks to remove a squatter?
No. Utility shutoffs and lockouts count as self-help evictions, which are illegal across the U.S. These actions can result in fines, a failed eviction, or even criminal charges in some cases. Landlords must rely on a court-ordered eviction and law enforcement assistance to remove squatters.