Get SC SCCA 726

The need to “quiet title” to real property often arises when someone has recently purchased property without the benefit of a title search; for example, when purchasing property at tax sale, in a foreclosure auction, or at an estate sale.

To validly adversely possess a property you must openly, obviously, and actually be on the land treating it as your own, as well as exclusively and continuously for as many years as is required by state law. In South Carolina, the time period is 10 years.

A claim and delivery is a legal action to recover personal property which is in the possession of another party. The party who begins the action is the plaintiff. The party who has possession of the property claimed is the defendant.

To prove a claim of adverse possession, it must be proven by clear and convincing evidence that the possession of the land was continuous, hostile, open, actual, notorious, and exclusive.

If the defendant ignores the complaint or otherwise fails to answer it on time, the plaintiff can move for entry of default under Rule 55 of the South Carolina Rules of Civil Procedure. Default means the plaintiff wins the substance of the lawsuit, and therefore prevails on his or her claims by operation of law.

Keep in mind, too, that completing service by publication, alone, takes two months to complete (three weeks of publication plus 30 days for defendants to answer). However, typically a quiet title action can be concluded within 6 months.

It's considered the most important element that squatters have to meet to take ownership of a property. They must live in the land unit or area for at least 10 continuous years to make an adverse possession claim in South Carolina.

In order to appeal a judgment in Magistrate's Court, you must: • Send a Notice of Appeal to the clerk of circuit court in the county where the Magistrate's Court is located. Send a Notice of Appeal to the Magistrate who heard the case. Send a Notice of Appeal to your opponent.