I never had that on the four property we own, which is open wood lots & a few miles from town. We have had things missing from time to time. now have a conex for storage on one property.
The fifth property is in a county neighborhood, being retired I am home more than away, so no problem. No problem for any of my neighbor in neighborhood, to my knowledge.
What Are Squatters Rights in South Carolina
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Chris Alfonso
What Is Squatting?
In South Carolina, as in most states, squatting is defined as living in an abandoned or unoccupied property without the permission of the property owner. Many conflate the terms “squatting” and “trespassing,” but they are not the same thing.
Trespassing is a crime, but squatting may not be. It depends on whether the squatters know that they are not welcome at the property. That can be up for debate if the property owner has not posted “No Trespassing” signs or issued warnings to squatters. Property owners must make it very clear that any unauthorized presence on the property will be considered an act of illegal trespass.
Living in an abandoned or unoccupied property without the permission of the property owner also is treated as trespassing if the property owner also is living there. Find out about squatter’s rights in South Carolina below.
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Are Holdover Tenants Squatters or Trespassers?
Tenants who do not vacate a rental property upon expiration of their lease, without a renewal or extension of the lease and with no further rent payments are considered trespassers. However, if they continue making rent payments, and their rent is accepted by the landlord, they acquire the legal status of “tenants at will.”
Squatters Rights: South Carolina’s Adverse Possession Laws
South Carolina has a collection of statutes (South Carolina Code of Laws Title 15 Chapter 67) that fall under the heading of “adverse possession” laws. These statutes lay out the circumstances under which a squatter or trespasser can claim another’s property. The legal requirements for an adverse possession claim are that the squatter or trespasser must have:
- – lived at the property in question for a minimum of 10 years
- – made improvements to the property
- – satisfied all other requirements for the particular type of adverse possession claim to be made
There is no requirement for the squatter to have paid property taxes to be eligible to have a legitimate adverse possession claim.
In addition to South Carolina’s statutory requirements, there are five federal requirements that must be met in order to make a legal claim for adverse possession:
- – Hostile Possession—The person claiming adverse possession must be occupying the property and making the claim without the permission of the property owner.
- – Actual possession—The person must have actual physical possession of the property.
- – Open and Notorious Possession—Living openly at the property is another key condition for making a successful adverse possession claim. Being surreptitious and trying to hide their presence at the property is a disqualifier.
- – Exclusive Possession—An adverse possession claim is only valid if it is for a single individual, not for a group of squatters living together at the same property. The person making the claim must have been the only one squatting at the property for the entire ten years.
- – Continuous Possession—The squatter’s possession must have been continuous for the state’s entire statutory period (10 years in South Carolina), unbroken by periods of absence from the property.
As one might imagine, it can be difficult for a squatter to produce physical documentation that all of the above requirements are met. South Carolina is one of the states that honors “color of title” claims, meaning that a squatter who cannot produce a valid title to the property may still prevail in an adverse possession case if the owner did not protest the squatter’s presence at the property at any point during the squatter’s ten or more years of occupation.
Can Landlords Protect Themselves Against Claims by Squatters?
Landlords, even those who have never had squatters or trespassers on their properties, can implement some preventive measures to ensure no such issues in the future.
Be security conscious, especially if you don’t reside at the property. Install security devices, from alarms and locks to motion-activated surveillance cameras that capture digital recordings of human activity. Post your property with “No Trespassing” signs in strategic locations, to make it difficult for anyone to claim ignorance that they are not welcome.
Landlords who rarely, if ever, visit their properties are at the greatest risk of having squatters take up residence and perhaps eventually qualify for an adverse possession claim. This is particularly true of properties that are abandoned, unoccupied, or in some stage of foreclosure. You have some recourse if there turn out to be squatters at a property you own, but detecting their presence early is always best. For that reason, owners of properties that could be attractive to squatters may want to consider hiring a property manager to keep an eye on things.
If squatters are found at your property, you can ask them to leave, work with law enforcement or the court to have them removed, or even offer them the opportunity to become legitimate tenants for a reasonable rent.
Get in touch today to find out how we can help.
https://palmettost.com/squatters-rights-south-carolina/
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