South Carolina squatters’ rights: A 2025 guide to adverse possession, eviction, and more

What are squatters?

A squatter is someone who lives on a property without permission from the owner and without a lease or rental agreement. This usually happens when a home, building, or piece of land sits vacant for a long time and someone moves in without notifying the owner. It may also happen after a foreclosure, during inheritance disputes, or when properties are abandoned due to financial or legal issues.

In South Carolina, squatters who meet very specific legal conditions may try to claim ownership through a process called adverse possession. That’s why it’s important for property owners and board members to act quickly when they discover unauthorized occupancy. Professional property management companies like FirstService Residential can help monitor properties, stay ahead of potential risks, and take the right steps when dealing with challenges in your building or community.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

South Carolina squatters' rights

Squatters’ rights in South Carolina fall under a legal concept called adverse possession. This allows someone who lives on a property — openly, continuously, exclusively, and without the owner’s permission — to try to claim legal ownership over time. To make that kind of claim, the person must meet very specific legal requirements for at least 10 consecutive years.
 

Can you evict a squatter in South Carolina?

South Carolina squatters’ rights require owners to follow a formal legal process for eviction. “Self-help” methods like changing the locks or removing someone’s belongings can expose the owner to significant legal and financial risk.

The process usually starts with a written notice asking the person to leave. If they don’t comply, the next step is often taking the issue to court. If the court rules in the owner’s favor, a sheriff may carry out the eviction. However, if the squatter claims they meet the requirements for adverse possession, the case may become more complex and shift into a quiet title dispute.
Owners who discover someone living on their property without permission should consult with qualified legal counsel as soon as possible. Acting early is the best way to avoid a long-term legal issue.
 

How to prevent squatters

The most effective way to avoid a squatter situation is to take early, proactive steps. Here are a few practical ways property owners can help protect their investment:

• Put things in writing: If someone’s staying on the property with your permission, even for a short-term rental, a written agreement can help avoid confusion later.
   
• Check in regularly: Walk the property and keep up with ongoing maintenance services to signal that the space is actively managed.
   
• Add signage and security: “No Trespassing” signs, exterior lighting, and cameras can help discourage unwanted activity.
   
• Stay in touch with neighbors: Ask trusted contacts to keep an eye out and let you know if they see anything unusual.

Squatting vs. trespassing

While both squatters and trespassers are on a property without permission, the difference comes down to how they occupy the space and what rights they may have. A trespasser enters unlawfully and temporarily, often in secret. A squatter stays longer, lives there openly, and may even believe they have a right to be there. In some cases, squatters can gain legal rights to the property over time through adverse possession, while trespassers don’t typically meet these requirements.
 

What board members need to know about squatters

In most cases, a community association board isn’t the legal property owner, so it can’t directly evict a squatter from a privately owned unit. But that doesn’t mean the board has no role to play. In fact, early board involvement can make a major difference in how quickly and effectively the situation is resolved.

Boards are responsible for the overall well-being of the community. If board members suspect a squatter is living in a unit without permission, they can flag the issue with the owner, property management, or legal counsel. In some cases, the board may also be able to enforce community rules or access restrictions if the unauthorized occupant is violating governing documents.
 

Rights and responsibilities of landlords and tenants

In South Carolina, the landlord-tenant relationship is defined by specific legal responsibilities on both sides. Understanding those roles can help prevent disputes, especially when someone stays past the end of their lease.
 

Landlords/property managers

• Must follow the lease terms and use the correct legal steps to end or not renew an agreement.
   
• Can take legal action like filing for eviction if someone stays in the property after their lease has ended.
   
• Cannot change the locks, shut off utilities, or remove personal belongings without a court order.
   
• May be able to recover unpaid rent or other costs through the court if the lease is broken.

Tenants

• Must pay rent, maintain the property, and follow all terms in the lease agreement.
   
• Must give proper notice if they plan to terminate their lease early, sublet, or transfer their lease.
   
• Must leave the property when the lease ends, unless a new agreement is made.
   
• Must comply with any applicable local regulations relevant to the circumstances of their specific tenancy.

When either party doesn’t follow the lease or state law, the next step is usually legal, not informal. That’s why boards and owners often work with legal counsel or management professionals to navigate these situations properly.
 

How FirstService Residential can help

A professional property management company like FirstService Residential can play a key role in protecting communities from issues related to South Carolina squatters’ rights. From routine checks to legal coordination, professional management can help boards and owners maintain control and minimize liability.

For more than 20 years, FirstService Residential has helped boards and owners in South Carolina reduce risk, preserve property values, and navigate complex occupancy issues. If you have questions about South Carolina squatters’ rights or are dealing with a property access issue, contact FirstService Residential today.