The South Carolina Order of Immediate Possession is a court order that provides authorization for a party to take possession of property without waiting for a trial or hearing. It is typically used in eviction cases, but can also be applied to other types of property and custody disputes. There are two types of South Carolina Order of Immediate Possession: (1) The Order of Possession, which grants the petitioner exclusive use of the property, and (2) The Order of Immediate Possession, which grants the petitioner immediate possession of the property. Both orders are temporary and can be modified or revoked at any time.
South Carolina Order of Immediate Possession
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Order of Immediate Possession
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FAQ
What is the cost of a Quiet Title action? The standard attorney fee for an uncontested Quite Title Action is $1500, plus the court costs, service of process, publication and other costs related to the lawsuit.
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.
Necessary Elements of a Quiet Title Claim A description of the property that is the subject of the action. For real property, the description must include a legal description as well as the street address or other common designation. The title of the Plaintiff as to which a determination of quiet title is sought.
A quiet title action occurs when one property claimant challenges one or more other people in a court of law for the purpose of determining who is the rightful legal owner of the property in question.
In South Carolina, ?any person in possession of real property? or claiming title to vacant or unoccupied real property may bring an action against any person who claims or who may claim? an interest in the real property. See S.C. Code § 15-67-10.
Claiming immediate delivery of property by plaintiff. The plaintiff in an action of claim and delivery before a magistrate may at the time of issuing the summons, but not afterwards, claim the immediate delivery of such property as herein provided.
(§ 22-3-1330(b)). e) a summons requiring the defendant to appear before the magistrate at a date set not less than five nor more than 20 days from date of service and seizure for the purpose of determining permanent possession. (§ 22-3-1330(c)).
A quiet title action is a special legal proceeding to determine ownership of real property. A party with a claim of ownership to land can file an action to quiet title, which serves as a sort of lawsuit against anyone and everyone else who has a claim to the land.
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The order for immediate possession shall describe the property to which the condemnor is authorized to take possession. Sec. 24.002. FORCIBLE DETAINER.(a) A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person:. Address of Residence. On average, it would take anywhere between 21-60 days for a complete eviction process. A plaintiff may seek an order to obtain immediate possession of specific personal property, before judgment as follows: Petition. In most cases, the judge must wait 10 days after a judgment against you to sign an Order of Eviction. But, the judge may sign an immediate Order of Eviction if:. Immediate Possession - A procedure for expedited return of real property or personal property. At least five (5) days prior to this application for immediate possession, Plaintiff gave Defendant notice of the time and place.