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While somewhat uncommon, it is true that if someone lives on your land long enough, they can obtain rights to that land. Adverse possession, more commonly known as squatters' rights, is the law in South Carolina. However, there are some nuances that must be taken into consideration to prove such a claim.
A tenancy by the entirety is a common way for married couples to hold property and have it easily pass from one spouse to the other upon one spouse's death. South Carolina doesn't recognize tenancies by the entirety, but there are planning steps you can take to get the same effect.
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.
Code § 760.020. Quiet title action represents a legal proceeding whereby an entity or person claims title to a portion or all of a specific real property. The Plaintiff asks the Court for a ruling that their title is superior to any other interest claimed by the Defendant.
The affidavit required by this section must be signed by a responsible person connected with the transaction, and the affidavit must state that connection. The clerk of court or register of deeds, at his discretion, may waive the affidavit requirement.
If you're vigilant, you can stop an adverse possession claim before it gets started. Posting private property signs and keeping an eye out for trespassers is your first line of defense. If the issue is consistent or ongoing, getting legal help right away is crucial for avoiding an adverse possession claim.
They must live in the land unit or area for at least 10 continuous years to make an adverse possession claim in South Carolina. As mentioned, it must be interrupted. A squatter who was away for a few weeks or months cannot add that time into the continuous possession period.
(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.