What To Know
- Squat, also known as adverse possession, is a legal doctrine that allows an individual to acquire title to real property by openly, continuously, and exclusively occupying it for a specified period without the owner’s permission.
- If the true owner is under a legal disability, such as being a minor or mentally incompetent, the 10-year period may be extended.
- Prescriptive easement is a right to use another person’s property for a specific purpose, such as access or passage, after using it openly and continuously for a specified period.
Property ownership is a fundamental aspect of society, and understanding the legal framework surrounding it is crucial. In South Carolina, the concept of “squat” has significant implications for property rights. This blog post delves into the intricacies of squat in South Carolina, exploring its definition, requirements, and legal consequences.
What is Squat?
Squat, also known as adverse possession, is a legal doctrine that allows an individual to acquire title to real property by openly, continuously, and exclusively occupying it for a specified period without the owner’s permission. In South Carolina, this period is 10 years.
Requirements for Squat
To successfully establish squat, several essential requirements must be met:
Open and Notorious
The occupation must be visible and apparent to the public. The squatter cannot hide their presence or attempt to conceal their possession.
Continuous
The occupation must be uninterrupted for the entire 10-year period. Any breaks in possession will reset the clock.
Exclusive
The squatter must have exclusive possession of the property, meaning they are using it as their own and excluding others from doing so.
Hostile
The possession must be adverse to the true owner‘s title. The squatter must not have permission from the owner to occupy the property.
Actual
The squatter must physically occupy the property. Mere claims or intentions are not sufficient.
Legal Consequences of Squat
If the squatter successfully meets all the requirements for squat, they can acquire title to the property. The true owner‘s rights are extinguished, and the squatter becomes the legal owner. However, there are important exceptions:
Owner’s Disability
If the true owner is under a legal disability, such as being a minor or mentally incompetent, the 10-year period may be extended.
Taxes
The squatter must pay all property taxes during the 10-year period.
Good Faith
In some cases, the squatter may have to prove they occupied the property in good faith, believing they were the true owner.
Defenses to Squat
Property owners can assert various defenses to challenge a squat claim, including:
Lack of Requirements
The owner can prove that the squatter did not meet one or more of the requirements for squat.
Permission
The owner can show that the squatter had permission to occupy the property.
Abandonment
The owner can prove that they abandoned the property before the squatter took possession.
How to Prevent Squat
Property owners can take proactive steps to prevent squat, such as:
Secure the Property
Install fences, gates, or other barriers to deter entry.
Monitor the Property
Regularly inspect the property for signs of unauthorized occupation.
Respond Promptly
If you discover a squatter, take immediate action to remove them legally.
Conclusion: Safeguarding Property Rights
Understanding squat in South Carolina is essential for property owners and potential squatters alike. By adhering to the legal requirements and defenses, individuals can protect their property rights and prevent unauthorized possession. Remember, squat is a complex legal issue, and it is advisable to seek professional legal advice if you encounter any related concerns.
What You Need to Know
What happens if the squatter improves the property?
The squatter may be entitled to compensation for the improvements they made.
Can the squat claim be transferred to someone else?
Yes, the squatter can transfer their rights to another person.
What is the difference between squat and prescriptive easement?
Prescriptive easement is a right to use another person’s property for a specific purpose, such as access or passage, after using it openly and continuously for a specified period.
