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Adverse possession in South Carolina

In South Carolina, a suit to recover real property requires that the owner or a predecessor held or possessed it within ten years before the suit (S.C. Code Ann. 15-3-340).

Statute text read October 8, 2026 on the state's own code site. A law summary for owners, not legal advice: ask a lawyer licensed in South Carolina about a real claim.

How long it takes in South Carolina

Where the claim rests on a written instrument, ten years of continued occupation makes the included premises held adversely (S.C. Code Ann. 15-67-220).

Sources: SC ten years; SC written instrument

What the statute requires

Another person's occupation is treated as under the legal title unless the premises were held adversely for ten years before the suit (S.C. Code Ann. 15-67-210).

Without a written instrument, land counts as possessed only when it was protected by a substantial enclosure and usually cultivated or improved (S.C. Code Ann. 15-67-250).

Source: SC presumption for title holder

Land and people the clock does not run against

Time while the owner is under eighteen or insane does not count toward the limitation period (S.C. Code Ann. 15-3-370).

Source: SC disability tolling

Common questions

How many years for adverse possession in South Carolina?

In South Carolina, a suit to recover real property requires that the owner or a predecessor held or possessed it within ten years before the suit (S.C. Code Ann. 15-3-340).

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