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Adverse Possession Laws in South Carolina

In South Carolina, land is deemed held adversely after 10 years of possession, whether or not the occupant claims under a written instrument.

Last checked . General information, not legal advice.

South Carolina at a glance

Standard period
10 years
With color of title
10 years (same period)
Possession under a written instrument or court decree also requires 10 years (S.C. Code 15-67-220).
Property taxes required
No
The adverse possession statutes in Title 15 do not condition the 10-year period on paying property taxes.

Sources

Last checked

The rules in South Carolina

How many years of possession are required for adverse possession in South Carolina?

Standard period in South Carolina: 10 years.

Is the adverse possession period shorter with color of title in South Carolina?

With color of title in South Carolina: 10 years (same period). Possession under a written instrument or court decree also requires 10 years (S.C. Code 15-67-220).

Does the occupant have to pay property taxes to claim adverse possession in South Carolina?

No. Property taxes required in South Carolina: no. The adverse possession statutes in Title 15 do not condition the 10-year period on paying property taxes.

Where do the South Carolina adverse possession laws come from?

The rules above come from S.C. Code 15-67-210, S.C. Code 15-67-220 and S.C. Code 15-3-340. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.

Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.

Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.