No, squatting in South Carolina is illegal under state and local laws, with penalties including criminal trespass and eviction. Property owners must follow strict judicial procedures to remove unauthorized occupants, as self-help remedies are prohibited. Recent 2026 amendments to the South Carolina Uniform Residential Landlord and Tenant Act further clarify eviction timelines for squatters, tightening enforcement against fraudulent occupancy claims.
Key Regulations for Squatting in South Carolina
- Criminal Trespass Statutes (S.C. Code § 16-11-610): Unauthorized entry onto private property with intent to occupy constitutes a misdemeanor, punishable by up to 30 days in jail and fines up to $500. Law enforcement may arrest squatters under this provision without requiring a formal eviction filing.
- Eviction Procedures (S.C. Code § 27-40-710): Property owners must obtain a court order via the Forcible Entry and Detainer process, which mandates a 5-day notice period for squatters claiming residency. The 2026 amendments shorten the appeal window for squatter-initiated delays to 72 hours post-judgment.
- Adverse Possession Exclusions (S.C. Code § 15-67-80): South Carolina requires 20 years of continuous, hostile, and open possession to claim title via adverse possession—an impractical standard for squatters, as most occupy properties for mere months. Local magistrates in Charleston and Greenville have intensified scrutiny of such claims since 2024.