South Carolina Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights

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Lis pendens means "a suit pending". A lis pendens is a written notice that a lawsuit has been filed involving the title to real property or some interest in that real property. Notice to the defendant who owns the property and potential buyers or financiers is given by filing the lis pendens with the clerk of the court, certifying that it has been filed, and then recording it with the County Recorder.


Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(A) Intangible property held for the owner by a court, state, or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

Without clear title, an owner will not be able to enjoy their property free and clear, or to sell the property. Bringing a quiet title action simply means that the owner of real property is asking a court to eliminate any other interests claimed to the real property.

The squatter must live on the property for an uninterrupted period of 10 years or more to claim adverse possession (SC Code § 15-67-210). The squatter can possess the property and for 20 years (§ 15-3-1) or possess the property with color of title while paying taxes for 10 years (§ 15-3-15) to claim ownership.

To validly adversely possess a property you must openly, obviously, and actually be on the land treating it as your own, as well as exclusively and continuously for as many years as is required by state law. In South Carolina, the time period is 10 years.

A quiet title action will determine the rights of all parties claiming an interest in the property, clarifying ownership through a court of law.

The purpose of a lis pendens is to notify the public that a claim or lawsuit is being filed, or has been filed, against a person or business and their property. Thus, a lis pendens functions as a "cloud upon the title" on the property potentially being foreclosed upon.

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South Carolina Notice of Lis Pendens in Action to Quiet Title by Person Claiming Title by Adverse Possession - Squatters Rights