What is an adverse possession claim?

Adverse possession is a legal claim to a piece of real estate in South Carolina. When an individual has been in possession of a piece of property for a certain length of time, and has met the requirements to establish ownership of the land, they may be able to make a claim of adverse possession. To make an adverse possession claim in South Carolina, the person claiming the land must have been in possession for a minimum of 10 years. During this time, they must have been using the property openly and as if they owned it. They must have paid for the property taxes, made improvements to the property, and had exclusive use of the land for the entire 10-year period. If all of these criteria are met, then the claimant may be able to make a valid claim of title to the land. In addition to the 10-year possession period, the claimant must also prove that they or their predecessors went to court and asserted a claim to the land before the 10-year time period was up. This is known as a “color of title” and is important for establishing ownership of the land. If the claimant is successful in making an adverse possession claim, the court may grant them the title to the property. It is important to note that this process can be very complicated and it is best to consult an attorney who specializes in real estate law in South Carolina.

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What is an adverse possession claim?

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