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The claim and delivery must be filed with the court that has jurisdiction over where the property is located. You must pay a filing fee of sixty-five dollars ($65.00) when you file the action. A valid address for the party who has possession of the property must be provided to the Court at the time of filing.
Simply go to your local magistrate's office, explain your claim to the magistrate (or the magistrate's clerk), pay a small filing fee, and the magistrate's office will help you fill out the paperwork and send it to the party that you are making a claim against.
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. The claim and delivery must be filed with the court where the property is located.
Continuous Possession They must live in the land unit or area for at least 10 continuous years to make an adverse possession claim in South Carolina. As mentioned, it must be interrupted. A squatter who was away for a few weeks or months cannot add that time into the continuous possession period.
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.